Arnold's Manual 



OF 




SCHOOL LAWS 



OF ILLINOIS. 



COURT DECISIONS AND OPINIONS OF STATE 
SUPERINTENDENTS. 



COMPILED AND EDITED BY 

J. A. ARNOLD, 
♦I 

SEVENTEEN YEARS COUNTY SUPERINTENDENT OF 
EFFINGHAM COUNTY, ILLINOIS. 



EFFINGHAM, ILLINOIS : 
Press of the Effingham Democrat. 
. 1900. 



THE 1. iBRABV OF 

CONGRESS, 
Two Copito Received 

NOV. n 190t 

CUASS ^ )eXtx No. 
COPY B. 



COPYRIGHTED 1900, BY 
J. A. ARNOLD. 



v^^s^ 



\^^ 



^ 



INTRODUCTORY. 

THIS publication is designed to assist school officers and teachers. 
Seventeen years' experience in the office of county superintendent 
^ave us many opportunities to see and feci the need of something of 
this character for those who have the care and management of public 
schools and educational affairs. The many questions which were 
brought to us by officials, teachers, parents, taxpayers and pupils dur- 
ing our official term made it necessary for us to consult all available 
authorities, that we might render decisions which the law would sus- 
tain and public opinion sanction and approve. 

The constant aim has been to present such opinions and decisions 
as Avill be helpful in reaching clear answers to the many ques- 
tions that are constantly arising in schools and school districts. 

As our country grows older, and the trend of public opinion and 
sentiment, as regards the schools, and school government constantly 
change, it becomes almost necessary for yoxing men and women to 
take a course in school law, that they may know their rights and 
duties as school officers and teachers. 

Students, as well as others, will find much in the book that will, at 
least, be helpful when reviewing on this very important subject. 



ARTICLE I. : : .; " 

STATE SUPERINTENDENT OF INSTRUCTION. ' 

§ 1. Time of election and term of office. I §4. Duties deiined. 
§2. Oath and bond. ■ ' § 5. Powers defined. 

§8. Salary and office expenses. I § 6- Liabilities. 

ELECTION— Sectio-n i. . Be it enacted by the People of the 
State of Illinois, represented in the' General Assembly^ — That at the 
election held on Tuesday after the first Monday of November, in the 
year of our Lord one thousand eight hundred and ninety, and quad- 
rennially thereafter, there shall he elected by the legal voters of this 
"'State, a Sta:te Superintendent- of Public Instruction,' who shall hold 
his office tor four years from the second Monday in January next 
after his election, and until his successor is duly elected and qualified. 

BO AW — Sec. 2. — Before, entering upon his duties, he shall take 
..and subscribe the oath of office prescribed by the Constitution, and 
shall also execute a bond, in the penalty of twenty-five thousand 
dollars ($25,000), payable to the People of the State ofllinois, with 
securities to be approved by the Governor, conditioned for^ the 
prompt discharge of his duties as Superintendent of Public Instruc- 
tion, and for the faithful application and disposition; according to 
law, of all school moneys that may come into his hands by virtue of 
his office. Said bond and oath shall be deposited with the Secretary 
of State, and an action may be maintained thereon b}^ the State at 
any time for a breach of the conditions thereof. 

SALARY — Sec. 3. And the State Superintendent shall receive, 
annually, such sum as may be provided by law, as a salary for the 
services required under tbe provisions of this act, or any other law 
that may be passed, and also all necessary contingent expenses for 
books, postage' and stationery pertaining to his office, to be audited 
and paid by the State as the salaries and contingent expenses of 
other officers are paid. ' ' 

The salary of the Superintendent, at present, as fixed by statute is 
^$3,500 a year. The expense of the office, such as clerk hire, print- 
ing, postage, etc., is provided for by the legislature at each regular 
.session. 



6 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

DUTIES — Sec. 4. It shall be the duty of the said State Superin- 
tendent of Public Instruction — 

First — To keep an office at the seat of government of the State. 

Second— To file all papers, reports and public documents trans- 
mitted to limi by the school officers of the several counties, each year 
separately. 

Third — To keep and preserve all other public documents, books 
and papers relative to schools, coming into his hands as State Su- 
perintendent, and to hold the same in readiness to be exhibited to 
the Governor, or to any committee of either house of the General 
Assembly. 

Permanent Files — All official communications asking for 
opinions, decisions, supplies, information and instructions are filed in 
the office and become part of the records of the office, therefore such 
letters or papers cannot be withdrawn nor returned to the writer. 
Certified copies of such documents or papers will be furnished on ap- 
plication. 

Fourth — To keep a fair record of all matters pertaining to the 
business of his office. 

Fifth — ^lo pay over, without delay, all sums of money which may 
come into his hands by virtue of his office, to the officer or persoa 
entitled to receive the same, in such manner as may be prescribed' 
by law. 

This clause does not carry nuich with it, as the State Superinten- 
dent does not receive, and, therefore, is not the custodian of any 
money belonging to the schools or any school fund. As stated in for- 
mer clause he receives and pays out the money appropriated by the 
legislature for the contingent expenses of his office. 

Sixth — To counsel and advise in such manner as he may deem 
most advisable, with experienced and practical school teachers, as to 
the best manner of conducting common schools. 

Seventh — To supervise all the common and public schools in the 
State. 

Eighth— To be the general adviser and assistant of county super- 
intendents of schools in the State. 

Ninth— To address circular letters to county superintendents, from 
time to time, as he shall deem for the interests of schools, giving 
advice as to the best manner of conducting schools, constructing 
school houses, furnishing the same, examining and procuring com- 
petent teachers. 

Tenth — To, on or before the ist day of November preceding each 
regular session of the General Assembly, report to the Governor the 
condition of the scliools in the several counties of the State; the 
whole number of schools which have been taught in each county in 
each of the preceding years, commencing on the ist of July; what 



MANUAL OF THE ILLINOIS SCHOOL LAWS, >1 

part of said number have been taught by males exclusively, and 
what part by females exclusively ; what part of said whole number 
have been taught by males and females at the same time, and whdt 
part by males and females at different periods ; the number Of 
scholars in attendance at said schools ; the number of persons in 
each county under twenty-one years of age, and the number of such 
persons between the ages of twelve and twenty-one years that. are 
unable to read and write; the amount of township and county funds; 
the amount of the interest of the State or common school fund, and 
of tlie interests of the township and county fund annually paid out ; 
the amount raised by an ad valorem tax ; the whole amount annually 
expended for schools; the number of school houses, their kind and 
condition ; the number of townships and parts of townships in each 
county ; the number and description of books and apparatus pur- 
chased for the use of schools and school libraries under the provis- 
ions of this act, the price paid for the same, the total amount | nr- 
chased, and what quantity and how distributed, the number and con- 
dition of the libraries, together with such information and sugges- 
tions as he may deem important in relation to the school laws, schools 
and the means of promoting education throughout the State ; which 
report shall be laid before the General Assembly at each regular 
■ session. 

The reports due from this office are made up annually, but sub- 
mitted to the governor biennially, November first, prior to the ses- 
sion of the legislature. At present the school year for statistical pur- 
poses ends June 30. 

Eleventh — To make such rules and regulations as may be neces- 
sary and expedient to carry into efficient and uniform effect the pro- 
visions of this act, and of all the laws which now are or may here- 
after be in force for establishing and maintaining free schools in 
this State. 

Tivelfth — To be the legal adviser of all school officers, and, when 
requested by any such school officers, to give his opinion in writing 
upon any question arising under the school laws of this State. 

The above clauses confer large powers on the State Superintend- 
ent. While he is an executive officer, these sections make him a 
legislative and judicial officer to an extent that is difficult to define. 
That he has this power is recognized bv the Courts in many in- 
stances. 97 III., 375; 45 Wis., 150; 60 Wis., 395. 

Thirteenth — To hear and determine all controversies arising un- 
der the school law^s of this State, coming to him by appeal from a 
county superintendent, upon a written statement of facts certified 
by the county superintendent. 

Wise Provision — It is well that the State Superintendent's de- 
cisions are final, unless reversed by the courts or the legislature. 



O MANUAL OF THE ILLINOIS SCHOOL LAAVS. 

All questions of controversy should be referred to the county super- 
intendent, that he may advise the parties interested. He is and 
should be recognized as the head of the schools of the county, and 
should be consulted in matters of dispute which may concern' the 
welfare and interest of the schools. This should be the course of 
all school officers, teachers and patrons, that he may, if possible, 
'save needless trouble and many times injuries to the schools of the 
locality. In a large majority of cases the advicd and suggestions 
•of the county superintendent will prevent litigation and settle neigh- 
borhood disputes and contentions which are so very injurious and 
detrimental to the success and progress of the school if allowed to 
continue. 

The State. Superintendent is always ready to advise and give 
opinions after the county superintendent has been consulted, but 
not before. Neither will he advise nor give any opinion after a case 
has been ta,ken into the courts. It would not be proper for him to 
do so, for his jurisdiction ends where that of the court begins. 

Court Opinions — The Courts of several States have spoken 
quite freely on this subject and make the wisdom of- the laws quite 
clear. The Supreme Court of Wisconsin says: "We are satisfied 
.that this supervision of the State Superintendent over affairs of 
schools and school districts, commonly very fruitful of litigation, 
has been most wisely conferred upon him for the public interest, 
as Avell as for the peace and prosperity of the schools and dis- 
tricts themselves. — 54 Wis., 150. . 

'Tn every dispute or contention among those intrusted with the 
.administration Qf the system, or between the functionaries and the 
.patrons or the pupils of the schools, offered an occasion for a resort 
.to the courts for settlement, the \yorking of the system would not 
only be greatly embarrassed and obstructed, but such contentions 
before the courts would necessarily be attended with great cost 
and dela}', and likelv generate sUch intense intestine heats and 
divisions as would in great degree counteract the benevolent pur- 

• poses of the law." — 51 Md., 401. 

"A quarrel or a law suit in a school district is generally not 
long confined to the original parties. It spreads among all the 
families, it goes into the selection of teachers, and injures the 
discipline of the school; and if the difficulty once takes the shape 

,of a law suit, and the parties have expended money, as well as 
temper upon it, it is still more difficult to settle. Hence the pro- 
vision for a cheap and speedy decision avoiding the delay and the 
expense of a law suit." — 10 R. I., 615. 

. No Rule Go\ ERNING-— There is no rule b}' which the State Su- 
perintendent or a County Superintendent is governed in hearing an 
appeal. The officer hearing the case has full discretion in all 

.questions relating thereto since the law makes no ride to follow or 
govern. The officer or officers whose duty it is to pass upon such 
matters should give all parties who are interested a full and fair 
hearing- that when the matter is decided and a decision rendered, 
the people of the commimity in general will endorse and approve 
the same. 

• ■ Fourteenth— To YQceiyQ and file all proper reports made to him 



MANUAL OF THE ILLINOIS SCHOOL LAWS. • 9 

from time to time by the several comity superintendents of this State 
as required by article. II of this act. 

Fifteenth— To grant State certificates to such teachers as may be 
found worthy to receive them as provided for in section 2 of article 

VII of this act. ' 

Sixteenth— To be ex officio a meniberof the' board of trustees of 
the Univ'ersitv of Illinois and of the Southern Normal University. 

Se-iritteenth— To be ex officio a member of the Board of Educa- 
■tioii of tlu' State of Illinois and of the secretary thereof. 

Eighteenth— To report to the General Assembly of Illinois, at its 
:reguiar session, the condition and expenditures of the Normal Uni- 
versity, and such other information as may he directed by the Board 
of Education of the State of Illinois or' by the GeWfal Assembly of 

this State. 

■ Nineteenth— To visit sucli of the charitable ihstitutiohs of this 
''State as are' educational in 'their character, and to exainiite their fa- 
cilities for iiistruction, and to prescribe forms' for such reports as he 
'may desire from the superintendents of such charitable institutions. 
POIVERS—Sec. 5. The State Superintendent of Public Instruc- 
'tion shall be clothed' with the following powers: , . 

pirsf^Jo clirect and caiuse.the count>' superintendent of an>' coun- 
ty, directors of boards of trustees or township treasurer of, any tpwn- 
:s"hip, or other school officer, to withhold from any officer, township, 
district or teacher, any part of the common school, or township, or 
other school fund, until such officer, township treasurer or teacher 
'shall have made all schedules, reports and returns required of him 
hy this act,, and until such officers shall have executed, and filed all 
official bonds and accounted for all. common school or township or 
•other school funds which have heretofore come into his hands, as 
required of him by this act. -, . 

Second— To require the several county superintendents of this 
.State to furnish him with such information relating to their several 
offices as he may desire to embody in his report to the General As- 
;sembly of this State. 

Third — To require the Ijoard of trustees of each township in this 
'State to make, at any time he may desire, a report similar to the 
:report required to be made by such trustees on or before the fifteenth 
■dav of July preceding each regular session of the General Assembly 
■of this State, as provided for in section 28 of article III of this act. 

fourth— Upon the recommendation of the county superintendent, 
or for good and sufficient reasons, to remit the forfeiture of the 
school fund by any township which may have failed to make the re- 
ports required by law. 



10 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Fifth — To determine and desig'nate the particular statistics relat- 
ing to schools which the inferior officers shall report to the county 
superintendent for the use of his office. 

Sixth — To authorize the several county superintendents to pro- 
cure such assistance as may he necessary to conduct county teachers*^ 
institutes for not less than five days in each year. 

Scz'enth — To require annual reports from the authorities of incor- 
porated towns, townships, cities or districts holding schools by au- 
thority of special charters to the same extent as regular school of- 
ficers are or may be required to make such reports. 

Eighth — To require the president, principal or other proper officer 
of every organized university, college, seminary, academy or other 
literary institution, whether incorporated or unincorporated, or 
hereafter to be incorporated in this State, to make out such report 
as he ma\- require in order that he may lay before the General As- 
sembly a fair and full exhibit of the affairs and conditions of sucli 
institutions and of the educational resources of the State. 

Ninth — To require the Auditor of Public Accounts to withhold 
from the count}- superintendent of any county the amount due any 
such county for its share of the interest on State school fund, or said 
county superintendent for his per diem compensation, until the re- 
port provided for in section 17 of article II of this act shall have 
been furnished as therein required. 

NOT INTEREST ED IN SALES—Sec. 6. The said State Su- 
perintendent of r*ublic Instruction shall not be interested in the sale, 
proceeds or profits of any book, apparatus or furniture used, or to be 
used, in any school in this State, and for offending against the pro- 
visions of this section he shall be liable to indictment, and upon con- 
viction shall be finerl in a sum not less than twenty-five nor more than 
five hundred dollars, and may be imprisoned in the county jail not 
less than one month nor more than twelve months, at the discretion 
of the court. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 11 

ARTICLE Tl. 

COUNTY SUPERINTENDENTS. 

I 1. Time of election and term of oflfice. S 14. Powers defined. 

g 3. Oath and bond. $ 15. Record of land sales. 

$ 3. Form of bond. I S 16. Report to county board. 

$ 4. Obligors bound jointly and severally, i ill. Report to Statt Superintendent. 

$ 6. Supervisors mav require a new bond. \ S IS. Collecting statistics, and suit against 

trustees as individuals. 



J 6. Office and supplies. 

§ 7. Liable to removal. (Repeal.) 

J 8. Vacancies 

J 9. Time limited. 

)j 10. Assistants. 

S 11. Commissions and per diem. 



If lit. Approval of township treasurer's 
bond, and delivery of written, 
statement to the township treas- 
urer. 

i'2'). Apportionment of funds to town- 
ships. 

g 21. Ivoaning of count}- fund. 

S 2i. Appeal to the State Superintendent. 



J 12. Itemized bills and warrants from 

Auditor. I S 28. Delivery of money, books, papers, 

etc., to successor in office. 
§ 13. Duties defined. I 

EDUCATION — Section i. On Tuesday next after the first 
Monday in November, A. D., 1890, and quadrennially thereafter, 
there shall be elected b\- the qualified voters of every county in the 
State, a county superintendent of schools who shall perform the du- 
ties required by law, and shall enter upon the discharge of his duties 
on the first Monday of December after his election. 

BOND — Sec. 2. He shall, before entering' upon his duties, take 
an oath prescribed by the Constitution, and execute a bond payable 
to the People of the State of Illinois, with two or more responsible 
freeholders as securit}-, to be approved by the county board or by the 
judge and clerk of the county court, in a penalty of not less than 
twelve thousand dollars ($12,000), to be increased at the discretion 
of the said county board, conditioned that he will faithfully perform 
all the duties of his office according to the laws which are or may be 
in force during his term of ofifice 

Remark — The bond must be signed and acknowledged before 
some person authorized to take acknowledgements. 

FORM — Sec. 3. The bond required in the forgoing section shall 
be in the follow-ing form, viz. : 

STATE OF ILLINOIS,! 

, County, j^^- 

Know^ all men b\- these pre.-^cnts, that we, A B, 
C D and E F, are held and firmly bound, jointly and severally, unto- 

thc People of the State of Illinois, in the penal sum of dollars, 

to the paA^ment of which we bind ourselves, our heirs, e.xerutors and 
administrators firmly by these ])resents. 

In witness whereof we have hereunto set our hands and seals this 
day of A. D. 190 

The condition of the above obligation is such, that if the above 



12 MANl'AL OF THE ILLINOIS SCHOOL LAWS. 

bounden A B, County Superintendent of the county aforesaid, shall 
faithfully discharge all the duties of said office, according to the laws 
which now are or may hereafter be in force, and shall deliver over to 
bis successor in office all mone\'s. boolcs, papers and property in. his 
bands, as such County Superintendent, then this obligation to be void, 
otherwise to remain in full force and virtue. 

. A B [Seal.] 

C D [Seal.] 

" E F [Seal.] 

And which bond shall be filed in the office of the County Clerk. 
I'- LIABILITY^Sec. 4. The oblig-ors in such bond shall be bound 
■ jointly and severally, and upon it an action or actions may be main- 
tained by the board of trustees of the proper township, or any other 
corporate body interested, for the benefit of any township or fund 
injured by any breach of the conditions thereof. 

The bounty superintendent's liability fgr school funds. coming into 
his hands js the same as that of a township treasurer. His' liability 
for public funds does not cease until he has paid them .over to the 
proper persons. There is no law or mode by, which such officer can 
be relieved for the loss of public funds. County Superintendents 
and school treasttrers are equally liable for trilst funds in their hands 
even though the loss occurs b\T accident, felony or otherwise. A 
.county superintendent's liability does not cease until; .the instant he 
.pays the mone}: over to the. prope;r .perpn or officers properly quali- 
fied to receive it. — 30 111., 99. . ^,,, ,..i , .,/ 

APPRO] 'AL OF BOND— Sec. 5. .If a majoritv of the county 
"board shall 1)e satisfied, at an}- time, that the bond of said County 
Superintendent is insuflkient. it shall be the duty of such superinten- 
dent, upon notice being given "to him by the clerk of such board, to 
execute a new bond, conditioned and approved as the first bond: 
Provided, that the execution of such new bond shall not afifect the old 
bond or the liability of the securities thereon. 

OFFICE— Stc. 6. It shall be the duty of the county board of the 
county to provide the said county superintendent with a suitable of- 
fice, with necessary furniture and office supplies, as is done in the 
case of other county officers. , , , ■ : , ! - ■ -■ 

Not TO Use Funds— Under a fonHer law. if the county board 
failed or refused to furnish the necessary supplies andfurpitute.for 
the county superintendent s office, the officer was authorized to pro- 
cure and pay for such supplies from the distributa:ble fund. As the 
law stands it is illegal to use the funds in this way. The county 
boarci nor the .coun,ty 'superintendent is authorized to use school 
funcis for such purposes. A couijty supe'rin,tenclent is not warranted 
,by law in buying goods and supplies without,. permission from the 
county board, therefore it is well for him to consult those whose duty 
:it is to provide the office with the necessary suppHes, and obtain per- 
mission to purchase such as may be needed in the business of the of- 
fice. This suggestion applies to such billsMas printing, blanks, rec- 



MANUAL OF THE ILLINOIS SC-HOOL LAWS. IS 

ords, etC;, the cost of which may amount to several dollars. This 
rule if followed, will be much more satisfactory and will generally 
result in more liberal treatment of the ofifice than otherwise would be 
accorded it. 

A county superintendent is liable for goods purchased without 
authority from the board to make such purchases, and if the county 
board refuses to pay the bills, the superintendent will have to pay 
them himself. 

REPEALED — Sec. 7. Repealed by act approved June 15, 1893. 

APPOINTMENT TO FILL VACANCY— Sec. 8. When the 
ofifice of county superintendent shall become vacant by the death, 
resignation, the removal of the incumbent by the county board or 
otherwise, the county board shall fill the vacancy by appointment 
and the person so appointed shall hold his office until the next elec- 
tion of county officers, at which election the county board shall or- 
der the election of a successor: Provided that if a vacancy shall 
not be filled by the county board within thirty days of the time the 
vacancy occurs, by reason of a tie vote of said board upon the vote to- 
fill vacancy, or from any other cause, then it shall be the duty 
of the clerk of the county board to summons the county judge of 
the county in which the vacancy exists to meet with the county 
board at a time and place to be designated by the clerk, of which 
meeting the members of the county board shall have notice; and said, 
county board and county judge, when so notified, shall meet at the 
time and place designated, at which meeting the county judge shall 
preside, and in case of a tie vote he shall give' the casting vote. Upon 
the appointment of a person to fill the vacancy of County Superinten- 
dent of Schools, the clerk of the county board shall notify the person 
so selected and appointed by the board of his selection and appoint- 
ment, and he shall hold his office until the next election of county of- 
ficers, at which election the county board shall order the election of a 
a successor. — [As amended April 22, 1899. In force July i, 1899.] 

Cannot Withdraw Resignation — If an officer tenders his resig- 
nation in Avriting to the person or persons who are authorized to re- 
ceive the same and file it, such resignation is thereby accepted though 
there may be no formal acceptance, and such resignation cannot 
legally be withdrawn after the same has been filed. 

TIME — Sec. 9. In counties having no more than one hundred 
(100) schools, the county board may limit the time of the superin- 
tendent : Provided, that in counties not having more than fifty (50) 
schools, the limit of time shall not be less than one hundred and fifty 
(150) days a year; in counties having from fifty-one (51) to seven- 
ty-five (75) schools, not less than two hundred (200) days a year; 
and in counties having from seventy-six {76) to one hundred (100) 
schools, not less than two hundred and fifty (250) days a year. 



14 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

In the counties with less than lOi schools, county boards may limit 
the county superintendent to the extent as stated in this section, 
though if the best interest of the schools is consulted they should 
have all the county superintendent's time and attention if the officer 
is a progressive and conscientious school man. 

ASSISTANT — Sec. lo. The county superintendent may, with 
the approval of the county board, employ such assistants as he 
needs for the full discharge of his duties. Such assistants shall be 
persons of good attainments, versed in the principles and methods 
of education, familiar with public school work, and competent to 
visit schools. Such assistants shall receive such compensation as 
may be fixed by the counts board. 

COMPEiVSATJOX — Sec. ]i. Countv superintendents shall re- 
ceive in full, for all services rendered by them commissions as fol- 
lows : Three per cent, commission upon the amount of sales of 
school lands, or sales of land upon mortgage, or the sales of real es- 
tate taken for debt, including all services therewith. Two per cent, 
commission upon all sums distributed, paid or loaned out by them for 
the support of scliools. b^or all other duties required by law to be 
performed by then;, four dollars ($4) a day for such number of days 
as shall be spent in the actual performance of their duties, not ex- 
ceeding the number fixed by the county boards in counties in which 
the boards are given power to fix the number of days by section 9 of 
this article of this act, and one dollar ($1) a day for expenses for 
the number of days actually spent in school visitation. 

The commision ])rovided for in this section is designed to pay the 
countv superintendent for selling" land, distributing and paying out 
funds, and for the great responsibility therewith which he is required 
to assume under the la\\ . 

Commission Computed — In computing commission on the fund 
distributed to the townships, the county superintendent is not en- 
titled to commission on the gross amount, but on the amount actually 
paid over. For example : If the gross amount for distribution, after 
paying for notices of examinations, is $8,000, the commission would 
be $156.63. and not as some hold, $160.00. The law intends that the 
commission be paid on funds distvihnicd to the township. 

In the sale of school land the county superintendent should take 
the notes and mortgages in the corporate name of the trustees 
the same as if taken by a township treasurer. If such notes and 
mortgages should be taken in the name of the county superinten- 
dent they would not be invalidated. 

BILLS — Sec. 12. The county superintendent shall present, un- 
der oath or affirmation, their itemized bills for their per diem com- 
pensation and for the expenses allowed by this article of this act, 
\vhen visiting schools, together with a report of all their acts as such 
county superintendent, or assistant, including a list of all the schools 



MANUAL OF TH1-: ILLINOIS SCHOOL LAWS. 15 

visited, with the dates of visitation, to the county board, at the an- 
nual meeting of such county board in September, and as near quar- 
terly thereafter as such board may have regular or special meetings, 
and after the bills have been audited by the county board, the county 
clerk shall certify to such auditing upon the bills, and transmit them 
to the Auditor of Public Accounts, who shall, upon receipt of them, 
remit in payment thereof to each superintendent his warrant upon 
the State Treasurer for the amount certified to be due him. The 
said Auditor, in making his warrant to any county for the amount 
due it from the State school fund, shall deduct from it the several 
amounts for which warrants have been issued to the county superin- 
tendent of said county since the next preceding apportionment of the 
State school fund. 

Blanks — The auditor of the public accounts furnishes blanks 
which are in accordance with the law for the bills of the county su- 
perintendent, and when properly made out and accompanied by an 
itemized statement showing the official work of the county superin- 
tendent must be presented to the county board, that the board may 
audit the same and authorize the county clerk to certify the account 
to the state auditor for payment. 

DUTIES — Sec. 13. It shall be the duty of each county superin- 
tendent of schools in this State — 

First — To sell township fund lands, issue certificates of purchase, 
report to the county board and State Auditor, and perform all other 
duties pertaining thereto, as required by article XIII of this act. 

Second— To register applicants for admission to the State Normal 
Universities and to the University of Illinois, and to assist in the ex-i 
amination of the same as directed by the State Board of Education 
or other proper authorities. 

Third — To visit each school in the county at least once a year, and 
in the performance of this duty, he shall spend at least half the time 
given to his office, and more, if practicable, in visiting ungraded 
schools. 

In this section it is made the duty of the county superintendent 
to supervise and visit all the schools, and at least one-half of his 
time spent in official work nuist be spent in the ungraded schools, 
or those schools with but one teacher. 

The county superintendent is the judge and should he deem it 
best to do this visitation and supervision in the first half or three 
quarters of the year the county board could not legally question his 
right, or object to his bill for per diem, because in some particular 
part of the year his office work exceeded the time spent in visiting 
schools. The law is that he shall spend his time in such super- 
vision as he may deem best for the success of the schools. 

Fourth — To note, when visiting schools, the method of instruc- 



16. MANUAL OF THE ILLINOIS SCHOOL LAWS. • 

tion, the branches taught, the text books used, and the disciphne,. 
government and general condition of the schools. 

Fifth — To give to teachers and school officers such directions in 
the science, art and methods of teaching and courses of study as he 
may deem expedient and necessary. 

Sixth — To act as the official adviser and constant assistant of the 
school officers and teachers of his county ; and, in the performance 
of this duty, he shall faithfully carr}^ out the advice and instruc- 
■ tion of the State Superintendent of Public Instruction. 

Seventh — To conduct as provided for in section lO of article 
VH of this act, a teachers' institute, and to aid and encourage the 
formation of other teachers' meetings, and to assist in their man- 
agement. 

Eighth — To labor in every practicable way to elevate the stand- 
ard of teaching, and improve the condition of the common schools 
of his county. 

It is made the duty of the county superintendent to visit schools, 
study the methods of instruction, government and discipline, to 
give instructions in the art and methods of teaching, to promote and 
encourage the formation of teachers' institutes, and to give advice to 
teachers and school officials, using all practicable means to elevate- 
and improve the condition of the public schools in his county. 

The count}- superintendent can do much in building up the schools, 
and in bringing the people to see the needs of thorough teaching 
and the employment of the best and most successful teachers. 

False Ideas — The false notion prevails that anyone can do the 
work required of a county superintendent. The work should be 
done with a definite plan and aim in view, and results carefully re- 
corded. 

The county superintendent should assist and direct the officers in 
keeping their accounts, and he' should aid them in the purchase of 
supplies for their schools, advising them as to what is best and 
most needed in the school for successful work. He should induce 
and encourage the parents to attend teachers" meetings and to visit 
their schools, he should labor to improve the teachers in his county 
educationally, developing in them a stronger professional feeling, 
and deeper and more enthusiastic interest in the work of the schools 
and that of the teachers' meetings and institutes. He should arouse 
in them a desire to grow and tliereb}' cause the schools to grow. 

Ninth — To examine, at least once each year, all books, accounts 
and vouchers of every township treasurer in his county, and if he 
finds any irregularities in them, he shall at once report the same in 
writing to the board of trustees, whose duty it shall be to take, im- 
mediately, such actions as the case demands. 

Tenth — To examine all notes, bonds, mortgages, and other evi- 
dences of indebtedness which the township treasurer holds officially, 
and if he finds that the papers are not in proper form or that the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 17 

securities are not sufficient, he shall so state to the board of trus- 
tees in writing. 

Must Inspect — Since 1879 the law requires that the county sup- 
erintendent inspect each treasurer's books, vouchers, papers, notes 
and district accounts, and note that all charges are fully and properly 
entered. He must make close examination, and at no time accept 
anything for granted. He should, to satisfy the law, verify the 
cash, that he may be fully satisfied that all funds are as the law 
directs. 

Eleventh — To give notice of the election of trustees in cases such 
as those provided for in section 15 of article HI of this act. ' 

Twelfth — To file and safely keep the poll books and returns of any 
election recjuired to be returned to the county superintendent by any 
provision of this act. 

Thirteenth — To investigate and determine all matters pertaining 
to the change in the boundaries of school districts, which may come 
to him by appeal from the decision of the school trustees, and to 
notify the township treasurer, from whom the papers relating to the 
matter were received, of his decision of the matter. 

Fourteenth — To give notice of the election of school directors in 
cases such as are provided for in section 9 of article V^ of this act. 

Fifteenth — To hold meetings, at least cjuarterly, for the examina- 
tion of teachers, as provided for in section 7 of article VH of this 
act. 

Six teen til — To grant certificates of Cjualification to such persons 
as may be Cjualified to receive them, as provided for in section 3 of 
article \TI of this act ; and to keep a record of all teachers to whom 
such certificates have been granted, as provided for by section '4 of 
article MI of this act ; and to keep a record of all teachers employed 
in teaching in his county. 

Record of Teachers — The county superintendent should keep a 
full and complete record of all teachers employed in his county, 
noting the district, time taught, salary paid, etc. Such information 
is helpful in many ways, and should be collected and carefully re- 
corded. It will be well to add to such record a list of books used 
in the schools. 

Scventeentli — To keep a just and true account of all moneys re- 
ceived and all moneys paid out on account of the "'institute fund," 
and make report thereof to the county board, as provided for in 
section 9 of article VII of this act. 

Eighteenth — To present to the county board of the county, at the 
first regular meeting thereof, annually, the report required by section 
3 of article XI of this. act. 

Nineteenth — To notify presidents of boards of trustees and clerks 
of school districts, on or before September 30, annually, of the 

9. 



18 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

amount of money paid by him to the township treasurer, and the 
date of such payments. 

NOTICE OF PAYMENT TO TREASURER. 

To the F resident of the Trustees of Township . . . .Range. . . . — 

I have, this day of i . . . ., paid to your treas- 
urer Dohars, being the amount 

apportioned to your township by me. 

,Co. Supt. 

Tiventicth — To receive and file, on or l^efore the 15th day of 
Juh' preceding- each regular session of the General Assembly, and at 
such other time as may be required by the State or county superin- 
tendent, a statement from the board of trustees of each township, 
giving such statistics and information as may be called for. 

Remark — County superintendents can, and should, under this 
clause, collect much information concerning the schools and the 
financial affairs of the townships that will be of interest and value 
to all who are interested in educational progress. Comparisons 
can be made and remedies applied where weak places are found. 
Much of this information can be collected and placed before the 
people at little cost, and in a way that will create an increasing and 
growing sentiment in behalf of the common schools in the country. 
This clause should not be treated as a dead letter by all, except the 
State Superintendent, and the dry report to him. 

POWER — Sec. 14. The said county superintendent shall have 
power — 

First — To require the board of trustees of each township in his 
county to make, at any time he maye desire, the report provided for 
in section 28 of article III of this act. 

Second — To recommend to the State Superintendent the remission 
of the penalty provided for a failure by the trustees of schools to 
make the reports provided for by law. 

Third — To renew teachers' certificates at their expiration by his 
indorsement thereon. 

FourtJi — To revoke the certificate of any teacher for immorality, 
incompetency, or other just cause. 

Fifth — To direct in what manner township treasurers shall keep 
their books and accounts. 

Si.rth — To bring suit against the county collector for a failure to 
pay State Auditor's warrant as provided for in section 5 of article 
XII of this act. 

Seventli — To remove any school director from office for a wilful 
failure to perform the duties of his office. 

Eighth — To lease and sell real estate in cases provided for in sec- 
tion 26 of article XIII of this act. in the manner therein specified. 

Not to be Tre.\surer — The county superintendent can not legally 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 19 

hold the office of township treasurer ; nor can he serve as city super- 
intendent. 

RemoVal OF Director — A school director failing or refusing to 
perform the duties of his office may be removed by the county super- 
intendent, and a new election ordered to fill the vacancy. Where 
a director refuses to sign a teacher's contract, oi; to accept and place 
it on file, or to issue an order for a teacher's pay, or to sign such 
order, or refuses to furnish the necessary school supplies, will be 
sufficient grounds for removal. Before the county superintendent 
takes steps to remove a negligent or stubborn director, he should 
notify such officer, so that he may have an opportunity to prevent 
removal by attention to his duties. If the director so notified does 
not correct his short comings, the county superintendent should give 
such officer written notice of his removal from office and at the same 
time file notice of such removal with the township treasurer. Then 
it will be the duty of the remaining director, or directors to order 
an election to fill the vacancy caused by such removal. This, 
like the revocation of a teacher's certificate, is quite harsh, and the 
county superintendent should not exercise his power till the good of 
the school calls for the action. — 46 j\Iich., 316. 

LOAN FUNDS — Sec. 15. The said county superintendent shall 
provide three well bound books, which shall be paid for from the 
county treasury. These books shall be known and designated by 
the letters A, B, C for the following purposes : In book "A" he 
shall record at length all petitions presented to him for the sale of 
common school lands, and the plats and certificates of valuation 
affidavits in relation to the same. .In book "B" he shall keep an 
account of all sales of common school lands, which account shall 
contain the date of the sale, name of purchaser, description of land 
sold and the sum sold for. In book "C" he shall keep a regular 
account of all moneys received for lands sold or otherwise, and 
loaned or paid out ; the persons from whom received, and on what 
account, and showing. whether it is principal or interest ; the person 
to whom loaned, the time for which the loan was made the rate of 
interest, the names of securities, when personal security is taken, 
or if real estate is taken as security, a description of the real estate; 
and if paid out, to whom, when, and on what account, and the 
amount paid out; the list of sales and the account of each town- 
ship fund to be kept separate. 

This section does not apply to many of the counties at present 
as the land, except in a few instances, has all been sold and the 
busmess settled up for many years past and the funds duly turned 
over to the townships. We suggest that these old records and 
papers should be carefully preserved as no doubt in many instances 
they will prove highly valuable from time to time. 

REPORT — Sec. 16. The county superintendent shall report, in 
writing, to the county board, at their regular meeting in September 



20 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

of each year, giving first, the balance on hand at the time of the 
last report and a statement in detail of all receipts since that date, 
and the sources from which they were derived ; second, the amount 
paid for expenses ; third, the amount of his commissions ; fourth, 
the amount distributed to each of the township treasurers in his 
county ; fifth, any balance on hand. He shall also present for in- 
spection at the same time his books and vouchers for all expendi- 
tures, and all notes or other evidences of indebtedness which he 
holds officially, with the securities of the same ; and he shall give in 
writing a statement of the condition of the county fund, of the 
institute fund, and of any township fund of which he may have the 
custody. 

There are fifty-two counties having a county fund to which this 
section applies, and the county superintendent nuist report as di- 
rected. In the other counties the "distributable fund" and receipts 
from fines is all there is to report in pursuance to this section. 

Does not Handle Fund — At this time county superintendents 
handle no township funds. Hence they have no report on this 
topic. 

Institute Fund — The leport of the Institute Fund is a separate 
and distinct report and should not in any way be connected with 
other reports. In those counties having a county fund a report 
showing the condition of such, fund, together with the notes, 
vouchers, and securities should be separate and apart from the 
report showing the receipts and disbursements of the "distributable 
fund." 

REPORT STATISTICS—Sec. 17. On or before the 15th day 
of August before each regular session of the General Assembly of 
this State, or annually, if so required by the State Superintendent 
of Public Instruction, the county superintendent shall communicate 
to said State Superintendent all such information and statistics 
upon the subject of schools in his said county as the said State 
Superintendent is bound to embody in his report to the Governor, 
and such other information as the State Superintendent may re- 
quire. 

Important Duty — This section imposes an important duty upon 
the county superintendent and to ena,ble him to perform this duty 
well, township and district officers should use great care to make' 
their reports full and accurate, and complete. We are well aware 
that many treat this matter of reports as useless and of little 
value and only make such reports because the law. forces them to do 
so. We wish to say in the strongest, terms that reports and statis- 
tics, if properlv and accurately made, do much to advance our 
educational interest. Hence anyone who. accepts an office under the 
school law should strive to furnish true and correct statements and 
statistics. No business can be expected to go well and prove 
satisfactory without: such exhibits and comparisons. For a failure 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 21 

to make the report required by this section the county superin- 
tendent is hable to a fine, and should his county suffer any loss 
for such failure he would be liable therefor on his bond, and the 
county board would be sustained in refusino- to audit his bill for 
services.— Clause 9, Sec. 5. Art. I,; Sec. 10, x\rt. XIV, School Law. 
NEGLECT — Sec. 18. In all cases where the township board of 
trustees of any township shall fail to prepare and forward or cause 
to be prepared and forwarded to the county superintendent, the in- 
formation and statistics required of them in this act, it shall be the 
•dutv of the said county superintendent to employ a competent 
person to take the enumeration and furnish such statistical state- 
ment, as far as practical, to the superintendent; and such person so 
employed shall have free access to the books and papers of said 
township to enable him to make such statement; and the township 
treasurer, or other officer or person in whose custody such books 
and papers may be. shall permit such person to examine such books 
and papers at such times and places as such person may desire for 
the purposes aforesaid; and the said county superintendent shall 
allow, and pay to the person so employed by him, for the services, 
such amount as he may judge reasonable out of any money which 
is or may come into said superintendent's hands, apportioned as the 
share of or belonging to such township; and the said county sup- 
erintendent shall proceed to recover and collect the amount so 
allowed or paid for such services, in a civil action before any justice 
of the peace in the county, or before any court having jurisdiction, 
in the name of the People of the State of Illinois, of and against the 
trustees of schools of said township, in their individual capacity; 
and in such suit or suits the said county superintendent and town- 
;ship treasurer shall be competent witnesses ; and the money so re- 
covered, when collected, shall be paid over to the county superin- 
tendent for the benefit of said township, to replace the money taken 
as aforesaid. 

Failure of Trustees — This section is quite clear as to what 
course the county superintendent shall pursue in case of failure on 
the part of a township board of trustees to furnish reports re- 
quired, and in proper foim. In such cases it is the duty of the 
superintendent to send some competent person to make such report 
and pay for such labor from the "distributable fund" belonging to 
such township, and then bring suit against such delinquent officers 
to recover the amount expended for such report. 

APPROVAL OF BOND.— Sec. 19. Whenever the bond of any 
township treasurer approved by the board of trustees of schools, 
as required by law. shall be delivered to the county superintendent, 
lie shall carefully examine the same, and if the instrument is found 
in all respects to be according to law. and the securities good and 



22 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

sufficient, he shall endorse his approval thereon, have it recorded in 
the circuit clerk's office, and file the same with the papers of his 
office ; but if said bond i^ in any way defective, or if the penalty 
is insufficient, he shall return it for correction. When the bond 
shall have been duly received and filed, the superintendent shall, on 
demand, deliver to said township treasurer a written statement 
certifying that his bond has been approved and filed, and that said 
township treasurer is entitled to the care and custody, on demand, 
of all moneys, bonds, mortgages, notes and securities, and all books, 
papers and property of every description belonging to said township. 

Examination of Bonds — The intent of this section of the law is 
to make the township funds more secure by requiring the county 
superintendent to examine most carefully the bonds of township 
treasurers. In years past much loss of this fund has been due tO' 
worthless and defective bonds. Very true that it is first the duty 
of township trustees to approve such bonds and in case of loss 
through their negligence they too may be made to suffer, but as 
they do not give bond, the legislature has sought to throw more 
security around this fund by requiring county superintendents tO' 
examine all bonds and if found deficient or defective to return 
the same for amendment and correction. County superintendents 
must refuse to approve and file any bond till all defects are cured. 
He must likewise refuse to pay out any money to any such treasurer 
imtil the bond is in conformity with the law, and the security satis- 
factory. The county superintendent may call for and demand 
a new bond if he deems the old one insufficient. The bonds of 
township treasurers must be recorded in the office of the recorder 
of deeds. — 130 III, 412. 

APPORTIONMENT — Sec. 20. Upon the receipt of the amount 
due upon the Auditor's warrant, the county superintendent shall 
apportion said amount, also the interest on the county fund and the 
fines and forfeitures, to the several townships and parts of town- 
ships jn his county, in which townships or parts af townships 
schools have been kept in accordance with the provisions of this 
act, and with the instructions of the State and county superin- 
tendents, according to the number of children under twenty-one 
years of age, returned to him, and shall pa)' over the distributive- 
share belonging to each township and fractional township, to the 
respective township treasurers, or other authorized persons,, annually r 
Provided, that no part of the State, county or other school fund shall 
be paid to any township treasurer or other person authorized by 
said treasurer unless said township treasurer has filed his bond, as 
required by section i of article IV of this act, ijor in case said treas- 
urer is re-appointed by the trustees, unless he shall have renewed 
his bond and filed the same as aforesaid. 

Entitled to Sh.\re — A township to share in the distribution o'f 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 23 

the funds under the section, must have maintained within its terri- 
tory at least one\ school as provided by law. "According to law" 
means that the school was in session at least six months and that the 
teacher held a certificate from the county or State superintendent, 
or as otherwise provided by law, covering the entire term, and that 
the school was for purpose of teaching the several branches named 
in the statute. The schedules and other evidences will show such 
facts if they have been properly made and filed. It frequently is the 
case that a township is divided" by a county line. In such townships 
the school treasurer receives money from the county superintendent 
of each countv. It is the duty of the trustees in such cases to ignore 
the countv line, and distribute the funds to the several districts en- 
titled to share in the distribution the same as if all the money was( 
received from one county superintendent, and there were no divis- 
ion by county line. 

Fah.ure to Report — When a board of township trustees fail or 
refuse to make the reports, required by law, to the county superinten- 
dent, such township shall not be entitled to share in the funds distrib- 
uted bv the county superintendent, provided, however, that the 
State superintendent may set the forfeiture aside. If a township is 
divided bv a county line, the township treasurer is entitled to receive 
funds from both county superintendents. — 47 111., 321. 

Dlstrh'.ute on Census — The law provides that the county su- 
perintendent shall distribute the funds according to the census, count- 
ing all persons under twenty-one years of age. Such returns should 
not be received if known to be fraudulent and false, and in such cases 
must be rejected and the money withheld until correct returns are 
furnished. The law may bear the county superintendent out in 
adopting the latest correc: census returns on file as the basis for the 
distribution, though such action encourages slackness on the part of 
those whose duty it is to furnish annually such reports. 

The law makes it the dut\' of the township treasurer to execute a 
good and satisfactory bond, and to this end the county superintendent 
must look before he pays to any treasurer any of the public firnds. 
At the time when the county superintendent makes a distributiom of 
the fimds, should a township have no treasurer, nor even a board of 
trustees it is his duty to distribute to that township its share of thei 
public money, and hold the same till trustees are elected and a treas- 
urer is appointed and duly qualified. The funds distributed by a 
county superintendent is payable at his office, therefore it is the duty 
of the township treasurers to call on him for the funds belonging to 
their townships. 

Receh^t to County Superintendents. 

Received of County Superintendent of .' . 

County, the sum of dollars, being the amount appor- 
tioned for the year to township Range by tHe 

County Superintendent for said county, this. . . .day of. i. . . . 

Township Treasurer. 

LOAN FUNDS — Sec. 21. The county superintendent may loan 
any money, not interest, belonging to the county fund, or to any 



24 MANUAL or THE ILLINOIS SCHOOL LAWS. 

township fund, before the same is called for, according to law, by the 
township treasurer, at the same rate of interest, upon the same se- 
curity and for the same length of time as is provided by this act in 
relation to the township treasurers, and apportion the interest as pro- 
vided in the preceding section ; and notes and mortgages taken in the 
name of the "county superintendent" of the proper county are hereby 
declared to be as valid as if taken in the name of "trustees of schools" 
of the proper township, and suits may be brought in the name of 
"trustees of schools" of proper township, and suits may be brought 
in the name of "county superintendents," on all notes and mortgages 
heretofore or hereafter made payable to the county superintendents. 

Loan to Plrchaser — At a sale of any of the land of the i6th 
section, the county superintendent may loan the money to the pur- 
chaser or any other person on note and' mortgage. Should such pa- 
pers be taken in the name of the county superintendent they will be 
just as valid as if taken in the name of the trustees of schools of the( 
township. 

School Flnd Note. 

$ . ••.•: I---- 

after date, for value received, we jointly and severally 

promise to pay to the trustees of schools of township No Range 

No in County, the sum of dollars and interest 

thereon, at the rate of . . . .per cent, per annum, from date, payable 
annually. We agree to give additional security which said trustees 
may at anv time require, and no extension of the time of payment, 
with or without our knowledge, by the receipt of interest or other- 
wise, shall release us or either of us from the obligation to pay this 
note. 

CONTROVERSIES—Sec. 22. In all controversies arising un- 
der the school law, the opinion and advice of the county superinten- 
dent shall first be sought, wdience appeal may be taken to the State. 
Superintendent of Public Instruction upon a written statement of 
facts certified by the county superintendent. 

In such matters as controversies and disputes the parties should 
follow the directions of this section,, which will save much time, and 
bring about a speedy adjustment of affairs, and perhaps save much 
troul)le and vexation. 

CouNTV Superintendent's Certieic.vte in Appeal. 

I . . . . 

To State Superintendent : 

Herewith find statement and papers in the controversy between 

and with my decision, from which action 

an appeal has been taken to you. 

I hereby certify that the statement is correct. 

Co. Supt. of 

Countv, Illinois. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 25 

SUCCESSOR — Sec. 23. The county superintendent, upon his 
removal or resignation, or at the expiration of his term of office (or 
in case of his death, his representatives ) shaU dehver over to his suc- 
cessor in ofifice, on demand, all moneys, books, papers and personal 
■propertv belong-ing- to the office or subject to the control or disposi- 
tion of the county superintendent. 

An earnest and conscientious officer will keep all records and pa- 
pers in order and properly filed that any desired information in them 
can be obtained at all times readily. That it is the duty of an out- 
:going officer to deliver all books, papers, etc., etc., to his successor is 
too clear to need anv comment. 



26 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



ARTICLE TIL 



§ 1- 

§ 2. 

§ 3. 

§ i- 

§ 5. 

§ fi- 

§ V. 

S s. 

§ &• 

§11- 
§ I'i. 
§i:!- 

Ml- 
S 15. 

§ 16. 
§ 18. 

SIS). 

§20. 
§2t. 



§23. 

§24. 
§25. 
§26. 

§'i7. 
§2S. 

§•^9. 



iHl. 



TOWNSHIP TRUSTEES OF SCHOOLS 

School township. 

Fractional townships consolidated. 

School business of the township. 

Trustees a body politic. 

Annual election. 

Term of office. 

Ag;e, residence and eligibility. 

Notice of election, and form of e'.ec 



tion notice. 

Election in certain cases to be held 
on any Saturday, and notice to be 
jfiven by county clerk. 

Trustees draw lots for their terms 
of office in certain cases. 

Judges of election. 

Qualification of voters. 

Conduct of elections; contesting 
elections; polls may be closed at 
4p.m. 

Judges may postpone election. 

County superintendent to order 
election. 

Vacancies. 

Tie at an election. 

More than one polling place; can- 
vassing the returns and inaking 
out a certificate. 

Election when township is same as 
town. 

Poll book; failure to deliver the sarhe. 

County clerks to furnish list of 
trustees elec.ed at town meetings. 

Organization; appointment of presi- 
dent and treasurer. 

Term of office of president and treas- 
urer; their removal. 

Record of proceedings. 

Meetings of trustees and quorum. 

Distribution to districts; basisjof the 
same. 

Funds placed to the credit of dis- 
tricts. 

Report to county supprintendent; 
items; forfeiture for failure to fe- 
port. 

Separate enumeration; statistics not 
divisible. 



§ HO. Examination of township treasur- 
er's books, etc , bv trustees. 



(lifts, grants, etc ; title of school 
houses. 



§ .^2. Sale of school house; form of notice 
of sale. 

§ ;il5. Conveyance of real estate; how 
made. 



§ oi. Township treasurer custodian of 
bonds: power to remove or sue 
that official. 



^ .'i.j. Power to purchase real estate in 
satis/action of judgments. 

§ 'do. Power to make settlements. 

§ H7. Power to lease land, or sell at public 
auction. 

§ .^icS. Township high school, and form of 
notice for high scliool election. 

§ :-!y. Ballots for high school election 

§ 40, lilection for members of township 
board of education; term of office;, 
vacancies; organization of the 
board, and establishment of the- 
school. 

§ 41. l^oweis of township board of educa- 
tion . 

§ 42. Parts of two or more townships may 
join in establishing a high si hool. 

§ 48. Discontinuance of township high; 
school . 

§ 44 Canvass of ballots, and disposition. 
of assets.. 

§ 4.5. Interests in school books; penalties 

§ 40. Districts in newly organized town- 
ships. 

§ 47. Changes in district boundaries. 

§ 4S. Who may petition. 

§ 40. Districts having less than 100,000 in- 
habitants, even under special char- 
ter, may vote to change boundaries 

j( 50. Filing of the petition; notice to the 
districts and form of notice. 

§ 51. Territory lying in two or more 
towu:;hips. 

§ 52. Adjournment of the board. 
§ 5.^. Acting upon the petition. 
§54. Appeal and form of notice. 



y 



MANUAL OF THE ILLINOIS -SCHOOL LAWS. 



§ 55. Clerks transmit papers to the county 
superintendent. 

§ 56. Appeal in case of territory divided 
by county lines. 

§ 57. Filing map and list of taxpayers. 

§ 58. District with a bonned debt. 

§59. Election in new districts, and form 

of notice. 
§60. Conduct of election. 
§ 61. Organization of board. 

§62. Election in district.s organized by 
action ot county superintendeut 



§ C3. Distribution of funds. 

§ 6i. Appraisement ot property. 

§ 65. Liability of trustees in reference to- 
distribution of funds. 

§ 66. Liability of cierk. 

§ 67. District failing to have school for 
two years. 

§68. Dissolution of union district. 

§ 6y. Successors to trustees of school 
lands. 



SCHOOL TOWNSHIP — Section i. Each congressional town- 
ship is hereby estabhshed a township for school purposes. 

Confusion — In counties under township organization much con- 
fusion seems to arise, especially when the lines of the civil township 
do not coincide with the congressional township. School town- 
ships can not be altered by boards of trustees or by the voters therein. 

If part of the territory of a township is attached to territory in an- 
other township to form a school district, or if part of the territory 
of an adjoining township composes part of a school district in a 
township, the boundary of the school township is not changed. 
Voters living outside the school township, though living in territory 
belonging to a school district of the township are not entitled to vote 
for trustees for the township in which they'^ do not reside. When 
the lines of a congressional or school township coincide with 
tlfe civil township, their school trustees are to be elected at the an- 
nual town election, notice of the same being given by the town clerk. 
At such elections there must be two ballot boxes, one in which to de- 
posit votes cast by female voters for trustee or trustees. 

It appears by the decision of the courts that the legislature may at- 
tach part of a township to another township and provide for a divis- 
ion of the township fund, but should such act fail to provide for such 
division of funds, then no division can be legally made by the local 
officers.- — 86 111., 613. 

FRACTIONAL — Sec. 2. Whenever any fractional township 
contains less than two hundred (200) persons under twenty-one 
years of age, the trustees thereof, upon petition of a majority of the 
adult inhabitants of such :kactional township, may, by written agree- 
ment entered into with the board of trustees of anr adjacent town- 
ship, consolidate the territory, school funds and other property of 
such fractional towship with such adjacent township, and thereafter 
shall cease to exercise the functions of school trustees for such frac- 
tional township ; and such territory, school funds and other property, 
aforesaid, shall thereafter be managed by the board of trustees of 
such adjacent and consolidated township, in accordance with the 
terms of agreenient aforesaid, in the same manner as is. or may be 
provided by law, for the management of territory, funds and other 



28 MANUAL OF THE ILLIXOIS SCHOOL LAWS. 

property of school townships : Provided, that the said written agree- 
ment shall be duly signed by a majority of the said trustees, and filed 
for record by the said trustees in the office of the county clerk of the 
county in which such consolidated township, or the greater part 
thereof, is situated. [As amended June 21, 1895. 

BUSINESS— Sec. 3. The school business of the township shall 
be done by three trustees, to be elected by the legal voters of the 
township, as hereinafter provided for. 

CORPORATE BODY—Sec. 4. Such trustees shall be a body 
politic and corporate, by the name and style of "trustees of schools 

of township No range No. ...,"' according to the number. The 

said corporation shall have perpetual existence, shall have power to 
sue and be sued, to plead and be impleaded in all courts and places 
where judicial proceedings are had. 

ELECTION TIME. — Sec. 5. The election of trustees of schools 
.shall be on the second Saturday in April, annually. 

TERM — Sec. 6. At the first regular election of trustees, after pas- 
sage of this act, a successor to the trustee, whose term of office then 
expires, shall be elected, and thereafter one trustee shall be elected 
annually. Said trustee shall continue in office three years, and until 
their successors are elected and enter upon the duties of their office. 

ELIGIBILITY — Sec. 7. No person shall be eligable to the office 
of trustee of schools unless twenty-one years of age, and a resident of 
the township. And where there are three or more school districts 
in any township, no two trustees shall reside, when elected, in the 
same district, nor shall a person be eligible to the office of trustee of 
schools and school director at the same time. 

'PuRPOSi; — Boards of trustees are created for school purposes and 
no other and have no power except that given to them by the statute. 
Such boards are known as quasi corporations and are established for 
express purposes. The supreme court clearly defines the relation of 
a board of trustees to the State: "No act of the General Assembly 
has ever granted the title of school property and funds irrevocably to 
.any body of persons. 

They have created corporate bodies to handle and control the funds 
for the use of the people, but that body has not parted with the power 
to control the fund in any mode they choose for the use of the 
schools. They could, if disposed, deprive those to whom its manage- 
ment is intrusted of the fund, and intrust it to others. Whilst the in- 
crease of the fund should be expended in the support of schools, the 
manner or agency employed may be at all times controlled or changed 
by the State at pleasure. The State is virtually a trustee of the fund 
for the use of the people, and the municipalities and officers are but 
the agencies emplovcd h\ the State in executing its trusts. — 78 111., 
136; 80 TIL, 384. 



.MANUAL OF THE ILLINOIS SCHOOL LAWS. 29 

Qualification of Voter — In the election of school trustees the 
voter must have the same qualifications as if voting at a general elec-. 
tion, /'. c. he must have resided in the State one year, in the count>^ 
ninety days, and in township thirty days. If the township is divided 
by a county line then he may remove from one part of the township 
to a part in the other county, one ,three or any number of days prior 
to such election and yet retain his right to vote, provided he has re- 
sided in the State one year, and in the township in such cases ninety 
days. 

In the election of trustees if there are three or more school districts 
in the township, two trustees must not be elected in one district, but 
should a trustee after his election remove to a district where another 
trustee resides, his office does not become vacant. 

Eligibility — To hold the office of trustee the person must be an 
actual resident of the township, and have resided in the State one 
year. 

In posting notices the day on which the election is held must not 
be counted, neither must election day be counted in determining the 
time a voter has resided in the election precinct or township. The 
notice of election must specify the time and place, /. e. the day, hour 
or hours, and the place, and such notices must state what is to be 
done at such election. There must be five notices of such election 
posted for at least ten days prior to the election day, unless such no- 
tice is given by the town clerk, then the three notices provided for 
town election are sufficient. When such elections are held by the- 
trustees the hour of opening the polls is usually from one o'clock to 
four o'clock p. m. 

NOTICE — Sec. 8.' Notice of the election of 'school trustee shall 
be given by the township treasurer, upon the order of the trustees 
of schools, by posting notices of such election, at least ten days 
previous to the time of such election, in not less than five of the most 
public places in said township, which notice shall specify the time 
and place of election and the object thereof, and may be in the follow- 
ing form, viz. : 

Public notice is hereby given that on Saturday, the day of 

April, A. D an election will be held at be- 
tween the hours of ....... . and of said day, for the purpose 

of electing school trustee for township No range No. . . . 

By order of the board of trustees of said township. 



Township Treasurer. 

FIRST ELECTION — Sec. 9. In townships where no election 
for school trustees has heretofore been held, or in townships where, 
from any cause, there are no trustees of schools, the election of trus- 
tees of schools ma}' be liolden on any Saturday, notice thereof being 
given as required by section 8 of this article. The first election in 
such townships shall be ordered by the county clerk of the county, 
who shall cause notice to be given as aforesaid. 



30 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

FIRST ELECTION — Sec. lo. In case of an election held, as 
required by the preceding section, the trustees elected, at their first 
meeting, shaJl draw lots for their respective terms of office for one, 
two and three years and thereafter one trustee shall be elected an- 
nually, at the usual time for electing trustees, to fill the vacancy 
occurring. At all elections after said first election, the said notice 
shall be given by the trustees of schools, through the township 
treasurer, as in other elections for trustees. 

JUDGES-^Sec. ii. The trustees of schools of incorporated 
townships present shall act as judges, and choose a person to act 
as clerk of said election. If the trustees (or any of them) shall 
fail to attend, or refuse to act when present, the legal voters present 
shall choose from their number such additional judges as may be 
necessary. In any township lying within the limits of a city, vil- 
lage or incorporated town, which has adopted the provisions of "An 
act regulating the holding of elections, and declaring the result 
thereof in cities, villages and incorporated towns in this State,"" 
approved June 19, 1885, the said election shall be held under the 
provisions of said act. In unincorporated townships, the qualified 
voters shall choose, from amongst themselves, the number of judges 
required to open and conduct said election. 

VOTERS — Sec. 12. No person shall vote at any school election 
held under the provisions of this act, unless he possesses the quali- 
fications of a voter at a general election. 

Who AIav X'oti-: — The question as to who is entitled to vote at 
an election is often difficult for the election officers to decide. This 
is especially so in tov/ns and cities, where some institution of 
learning is located and attended by students from many sections of 
the country. What consttitues a residence sufficient to entitle one 
to vote when party workers and the voter himself are ready to swear 
in the vote is no easy matter in determining. In rendering the 
opinion on this question the court said : 

"The question turns upon what is a permanent abode and this 
must be determined by facts and intention. The legislature ought to 
establish a criterion of residence by declaring that a permanent abode 
shall be such criterion. Now what is a "permanent abode ?"' 

Residence — "A resident of this State left with a view to seek- 
ing a better climate, and if he found one that suited him, and everv- 
thing else was agreeable, of making it his home, but with no particu- 
lar place in view. He visited Iowa, Nebraska and Kansas, and in 
the latter State he took a contract to do some hauling for a railroad 
bridge being built. There he was taken sick, and returned to his 
former home in this State, never having acquired a residence or de- 
termined to make his residence at any other place than Illinois, and 
having been absent, in all, about seven months : Held that he did not 
lose his residence in Illinois." 



MANUAL OF THE ILLINOIS SCHOOL LAW'S. 31 

A party who leaves the State, without any settled intention of ac- 
quiring a residence elsewhere, but only with a conditional intention 
of so doing, does not lose his residence here so long as that residence 
remains constitutional." — 80 111., 74; 81 111., 541. 

=^ '-■' * It would be safe to say a permanent abode in the 
sense of the statute, means nothing more than a domicile, a house, 
which the party is at liberty to leave as interest or whim may dictate, 
but without any present intention to change it. One who has a home 
in a town in this State is, by law' of the State, liable to town duties, to 
be taxed on his personal property, to be enrolled in the militia and 
placed on the jury list and serve as juryman, and to be chosen to fill 
town or county ottices if of mature age and possessed of other proper 
qualifications and he is entitled to all the priviliges of the town, and 
to receive its support in the event of his becoming a pauper. These 
students were undergraduates of Shurtleft" college, * * * 

taking no part in town affairs, and paying no taxes and not assessed 
on personal property to aid in defraying the expenses of the town. 
Some of them paid a road tax in their own labor. The homes of 
.some of them are in distant States, who have nothing to attach them 
to the town in which the college is situated. Others who testify 
they are entirely free and that Upper Alton is their home, having no 
other to which to return iri case of sickness or domestic affliction, are 
as much entitled to vote as^any other resident of the town. It is 
^ro hac -vice, the home of such students, their permanent abode, in 
the sense of the statute. As a general fact, however, undergradu- 
ates of colleges are no more identified with residents of the town in 
which they are pursuing their studies, than the merest stranger, and 
should all the seats of learning in the United States be polled, not 
more than r)ne student in twenty would be found to posess the proper 
qualifications of a resident of the town. 

It is urged that some of the students paid a poll tax in labor, and 
that this should weigh in determining the question of residence. By 
the statute in force when the road labor was performed, residence 
was not a qualification, but simply inhabitancy. Road labor was held 
not to be a tax in 29 111., 490." — 78 111., 170. 

The legal requirements to entitle one to vote are citizenship, age 
and residence. Men and women stand equally in this respect. The 
only distinction that is found is in the manner of naturalization in the 
case of some women. The statute of the United States in an act ap- 
proved Feb. 10,1855, provides that an alien-born woman becomes a 
citizen on her marriage to a citizen of the United States. 

Oath — The officers of any election should first be sworn by 
some officer authorized to administer an oath. If no such officer is 
present, then the statute permits the judges and clerks to administer 
the oath to each other. Should election boards fail or neglect to be 
sworn as the law directs, such neglect would not invalidate the elec- 
tion or prevent the person or persons declared elected at such elec- 
tion, assuming the office. 

Oath of Election Judges and Clerk — I do solemnly swear (or 
affirm) that I will support the Constitution of the United States, and 
the Constitution of the State of Illinois, and that I will faithfvillv dis- 



32 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

charge the duties of of this election to the best of my 

abihty. 

Subscribed and sworn before me this day of i . . . . 



Ceases to Exist — If an election board closes the election, counts- 
the votes and dissolves, such board can not legally reconvene. When 
once dissolved the board is officially dead. 

The same rules of law governing any and all school elections, the 
same as in the case of any general election, and to prevent bickering 
and often litigation in school districts and townships, election boards 
should use the greatest care and labor to conduct the elections in ac- 
cordance with the law. The statute, in fact the State constitution, 
provides that all voting at elections shall be by ballot. If there are 
two or more trustees to elect, as might be the case in some instances, 
one for a full term and others to fill vacancies, the ballots should 
show which is for full term, which for one year and which for two 
years. The law contemplates that the ballot should show the inten- 
tion of the voter, that the judges may count the vote properly. It is 
suggested that the ballot may be in this form : 

For Trustee. 
GEORGE AMES, (For full term.) 
ABNER CROFT, (For two years.) 
SUSAN LYON, (For one year.) 

Ballots. Specific — If no ballots are specific, it is the duty of the 
judges of the election to determine by lot on the day of the election 
who shall receive the offxce for the full term and who shall be entitled 
to serve to fill the respective vacancies, and shall so certify the re- 
turns to the township treasurer. In case there are some ballots spe- 
cific and some that are not so. then those that are specific must gov- 
ern to the conclusion of all others, or those that are not specific. To 
illustrate: "Abner Croft" receives four votes for the two year term 
and seven votes not specific. — "Wm. Evans" receives three votes 
for the two year term and twelve votes which are not specific. 
"Croft" should be declared elected for the two year term, having re- 
ceived a majority of the specific votes cast at such election for the 
two years' term. It is not required that any school election be held 
under the "Australian ballot law." — i6o 111., 557. 

ELECTION CONDUCTED— Sec. 13. The time and manner of 
opening, conducting and closing said election, and the several liabili- 
ties appertaining to the judges and clerks and to the voters, sepa- 
rately and collectively, and the manner of. contesting said election, 
shall be the same as prescribed by the general election laws of this 
State defining the manner of electing magistrates and constables, so 
far as applicable, subject to the provisions of this act: Provided 
that said election may commence, if so specified in the notice, at 
any hour between the hours of eight (8) o'clock a. m., and one 
(T) o'clock p. m., and the judges may close an election at four; 
(4) o'clock p. m. 



MANUAL OV THE iLLlXOIS SCHOOL LAWS. 33 

I'OSTPONE.J\IENT. — Sec. 14. If, upon any day appointed for 
election of trustees of schools, the said trustees or judges shall be 
of opinion that, on account of the small attendance of voters, the 
public good requires it, or if a majority of the voters present shall 
desire it, the\' shall postpone said election until the next Saturday, 
at the same place and hour, at which time and meeting the voters 
shall proceed as if it were not a postponed or adjourned meeting: 
Provided, that if notice shall not have been given of such election, 
as required by section 8 of this article, then and in that case said 
election may be ordered as aforesaid, and holden on any other 
Saturda}'. notice thereof being given as aforesaid. 

HOW CALLED — Sec. 15. If the township treasurer shall fail 
or refuse to give notice of the regular election of trustees, as re- 
quired bv section 8 of this article, and if, in case of a vacancy, 
the remaining trustee or trustees shall fail or refuse to order an 
election to lill such vacancy, as required by section 16 of this article, 
then, and in each, of such cases, it shall be the duty of the 
county superintendent to order an election of trustees to fill such 
vacancies as aforesaid, and all elections so ordered and held shall 
be valid to all intents and purposes whatever. 

J'ACAKCY — Sec. 16. When a vacancy or vacancies shall oc- 
cur in the board of trustees of schools, the remaining trustee or 
trustees shall order an election to fill such vacancy, upon any 
Saturday, notice to be given as required by said section 8 of this 
article. 

TIE— Sec. 17. In cas of a tie vote at any election of school 
trustees, the election shall be determined by lot, on the day of the 
election by judges thereof. 

POLLING PLACES — Sec. 18. In townships wdiere for general 
elections, there are more than two (2) polling places, the trustees 
shall give notice that polls will be opened for such elections in at 
least two places ; in which case at least one of said trustees shall 
attend at each of said places, and additional judges shall be chosen 
as provided in section eleven (11) of this article: Provided, there 
shall be at least one polling place for each eight hundred legal 
voters in said township. Should the polling places be in excess 
of the number of trustees, then the voters at such polling places so 
in excess shall select from their number the requisite number of 
voters, whoi 'shall act as judges of said election in the manner 
provided for by section eleven ( 1 1 ) for the election of trustees in 
unincorporated townships. Said judges shall return the ballots 
and original poll-books, with a. certificate thereon, showing the re- 
sult of the election in said precinct, to the township treasurer of 

3 



i;4 MANUAL OF TliE ILLINOIS SCHOOL LAWS. 

the township in which saiti election shall be held, whereupon it shall 
be the duty of the board of trustees of said township, within five 
days after said election, to meet and canvass the returns from each 
precinct, to make out a certificate showing the number of votes cast 
for each person in each precinct, and in the whole township, and 
shall file said certificate with the county superintendent of schools 
as otherwise provided by law. 

CIVIL TOWN SHI F — Sec. 19. In counties adopting township 
organization, in each and every township whose boundaries coincide 
and are identical with those of the town, as established under the 
township organization laws, the trustee or trustees shall be elected 
at the same time and in the same manner as the town officers. In 
all such townships, if no trustees are elected at the stated town 
meeting, and when vacancies occur in the board, an election of 
trustee or trustees shall be ordered by the remaining trustee or 
trustees of the schools, through the township treasurer, as provided 
for in section nine (9) of this article. 

PENALTY — Sec. 20. Upon the election of trustees of schools, 
the judges of election shall, within ten (10) days thereafter, cause 
a copy of the poll-book of said election to be delivered to the 
county superintendent of the county, with a certificate thereon 
showing the election of said trustees and the names of the persons 
elected, which copy of the poll-book, with the certificate, shall be 
filed by said superintendent, and shall be evidence of such election. 
For a failure to deliver said copy of the poll-book and cei"tificate 
within the time prescribed, the judges shall be liable to a penalty 
of not less than twenty-five dollars ( $25 ) nor more than one 
hundred dollars ($100). to be recovered in the name of the People 
of the State of Illinois, by action of assumpsit, before any justice 
of the i^eace in the county, which penalty, when collected, shall be 
added to the township school fund of the township. 

Irreoul.vrities — Mere irregularities in conducting and holding 
an election, which deprive no legal voter of his rights and does not 
change the result, do not invalidate an election. Should the election 
officers fail to be sworn, or to declare the result of the election, or 
make return to .the township treasurer or to the county superin- 
tendent, the office will vest and the acts of the officers will be valid 
as far as the public and the third parties are concerned. Such 
charges as that the polls were not duly opened and that proclama- 
tion was not duly made as to the closing of the same will not 
defeat an election unless it can be shown that such irregularities 
aft"ected enough votes to change the result. In contested elections 
the intention of the voter in casung his ballot should control, and 
efifect must be given to the intention. The returns of an election 
may be irregular and defective or not made at all. Such defects 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 35 

■or irregularities are not sufficient to defeat the election and deprive 
a party from holding the office. Rights to the office are derived 
from the election, and not from the returns. — 147 111., 514; 17 111., 
167; 19 111., 54- 

Not Judicial Officers — County superintendents and township 
treasurers are not empowered to pass on the legality of an election 
■or the returns. Such questions must be settled by contest in the 
countv court as provided by the statute. — 18 111. App., 588. 

Election Adjourned — Section 14 of this article provides for an 
adjournment or postponment of an election, but such adjournment 
must be taken in a regular way. The trustees may, on their own 
motion, postpone, or the voters present may do so, but, before such 
action is taken, there must be an organization effected, and if then 
it is decided to postpone, notice to that eft'ect must be posted, 
stating that such action has been taken. Should the trustees post- 
pone the election upon their own motion, they are required to give 
due notice of their action, by posting notice at once. If the notice 
spoken of is not posted there is nothing to prevent the voters who 
may assemble later in the day, from organizing and proceeding to 
liold the election in pursuance of the notice as first given. 

N^AMES — Sec. 21. When school tiustees are elected at town 
meetings, as provided in section nineteen (19) of this article, il 
shall be the duty of the county clerk, as soon as the list of. ..ames 
of officers elected at the town meetings is filed with him. to gi\e 
the county superintendent a list of the names of all school trustees 
elected at the town meetings of the county, and of the towns for 
which they are elected. 

ORGANIZATION — Sec. 22 — Within ten days after annual elec- 
tion of trustees, the board shall organize by appointing one of 
their number president, and some person who shall not be a director 
or trustee, but who shall be a resident of the township, treasurer, 
if there be a vacancy in this office, who shall be ex officio clerk of 
the board. 

Must ()ROANizi':^This section makes it the duty of the board 
of trustees to meet and organize within ten days after the election, 
by appointing one of their number president, and in even years to 
appoint a treasurer. Prior to 1880 school treasurers were ap- 
pointed for one year, but by the act of the legislature in 1879, the 
trustees were authorized to appoint for two years, beginning April 
1880. If a treasurer resigns, removes, or his office should become 
vacant by death or otherwise, his successor is appointed for the 
remainder of the term. In many instances boards of trustees make 
the appointment at the meeting the first Monday in April, which 
hi many townships occurs before the election. Such appointments 
are not warranted by law, except in cases where the trustee is 
elected at the town meeting held before the first Monday in April. 
The new board or new organization appoints the treasurier, and not 
the old board. In a case where a treasurer at the meeting of the 



36 MANUAL OF THE ILLIXOIS SCHOOL LAWS. 

trustees on the lirst IMonday in April, a few clays prior to the elec- 
tion of a trustee, resigned which was but a few days before the 
expiration of his term, that the old board might appoint a certain 
individual treasurer for the next term, as it w^as thoug'ht that the 
election would result unfavorable to the appointment of such in- 
dividual, it was held that the appointment did not give the office to 
the person so appointed longer than till such time as the new board 
might meet and appoint a treasurer for the full term. Should a 
board fail to meet and organize, the offices would not become vacant, 
but the members are each liable to a fine of twentw-iive dollars. 
Trustees must act at regular meetings or special meetings called 
bv the president or any of the members. Two members constitute: 
a quorum, provided all have notice of the meeting. Corporate- 
boards cannot bind the corporation if the members act independently. 
Such boards must convene in their corporate capacity. If two 
members incidentally get together, they cannot transact, legally, an}^' 
official business that will bind the township or the corporation. 

Re(;i'lar Meetings — Regular meetings may be arranged for by 
rule, init for special meetings due notice must be given to all the 
m'^mliers, and the time and place must be fullv starec. .\t any 
special meeting of the board of trustees or directors, if one of the 
memoers is omitted and ignored in giving notice such meeting is. 
ille;.a' and not binding. If a third nv^nber is so far away and 
inaccossable that he cannot be reached bv r.otice, and the business 
is stich that it can not well be delavcd., the law, in such case, would 
bear out the majority in holding a meeling and attending to the 
business, but such meetings should be held only in cases of 
emergency. — 111. App. (Smith) 229; 10 111. .A-pp., (10 Brad.) 643 ;• 
22 Ohio, 144; 4 Xeb., 254; 47 Mich., 626; 27 Kan,, 129; 41 X. J, 
L., 312; 22 111., 66: S. C. Reports, X^. Y., Hun. 30, 200; 89 Pa., 395. 

NOTICE OF SPECL\L MEETING OF TRUSTEES. 

To 

You are hereby notified that there will be a special meeting of 

the trustees of schools of township X"^o Range X'o 

at on the day of i .... at the 

hour of o'clock . . m., to attend to the following business: 

Remark : The notice must be signed by the president or by two 
members. 

Oath X'ot Required — The question is often raised by school 
officers as to whether trustees, treasurers, directors; and members 
of boards of education should take any official oath, before assum- 
ing the duties of the office. The Supreme Court in the 79 111., 511 
decides that such officers are not required by law to take such oath,, 
as the legislature from some cause has failed to pass any law re- 
quiring these officers to be sworn. 

TERM OF OFFICESec. 23. The president shall hold his 
office for one year, and the treasurer for two years, and until their 
successors are appointed, but either of said officers may be removed 
by the board for good and sufficient cause. 

Causes Suggestive — In a catalogue of "good and sufficient 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 37 

■causes," it is quite impossible to name all things for which these of- 
fices mav be removed, but those of a sufficiently grave character will 
suggest themselves to any beard that guards the interest of the 
schools. 

DUTIES OF PRESIDEXrSec. 24. It shall be the duty of 
the president to preside at all meetings of the board and it shall be 
the dutv of the clerk to be present at all meetings of the board, 
and to record in a book to he provided for the purpose, all of their 
official proceedings, which book shall be a public record, open to 
the inspection of any person interested therein. All of said pro- 
ceedings when recorded shall be signed by the president and clerk. 
If the president or clerk shall be absent or refuse to perform any 
of the duties of his office at any meeting of the board, a president 
..or clerk pro fciii. may be apointed. 

MEETINGS. — Sec. 25. — It shall be the dut>' of the board of 
trustees to hold regular semi-annual meetings on the first Mondays 
of April and October, and special meetings may be held at such 
other times as they think proper. Special meetings of the board 
may be called by the president or any two members thereof. At 
all meetings two members shall be a quorum for business. 

Duty of Trustees — It is the legal duty of boards of trustees to 
keep a full and accurate record of the business transacted at any 
regular or special meeting. The importance of this cannot be im- 
pressed on trustees and other school boards too strongly. The 
officers of the board slioiild sign the record when made up. 

APPOIN'TMEXT — Sec. 26. At the regular semi-an.nual meet- 
ings on the first [Mondays of April and October, the trustees shall 
ascertain the amount of State, county and township funds on hand 
and subject to distrilwtion, and shall apportion the same as follows: 

First — AMiatever sum may 1)e due for the compensation and the 
books of the treasurer, and such sums as may be deemed reasonable 
and necessary for dividing school lands, making plats, etc. 

Second — And the remainder of such funds shall be divided among 
the districts, or fractions of districts, in which schools have been 
kept in accordance with the provisions of this act and the instruc- 
tions of the State and county superintendents during the preceding 
year ending June 30, in proportion zo the number of children under 
twenty-one (21) years of age in each. 

CREDIT FUND — Sec. 2y. The funds thus apportioned shall be 
.placed on the books of the treasurer to the credit of the respective 
districts, and the same shall be paid out by the treasurer on the 
legal orders of the directors of the proper districts in the same 
.manner as other funds of the district are paid out. 

Important Meeting — As the law now stands the meeting in 



38 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

April is the more important, as the greater part of the fund is tO' 
be distributed to the districts, and petitions for changes in boun- 
daries are to be considered at this meeting. If for any cause the 
board should not meet the first Monday in April as directed by 
law. the trustees should meet at the earliest opportunity and transact 
the business. In making the distribution the board should ascer- 
tain what districts are, and what districts are not entitled to share 
in the distribution. If a district has failed to maintain school six 
months actually taught, though days on which the teacher attended 
the teachers" institute may be counted, or if the teacher did not have 
a valid certificate for the entire term, or if the school was in any 
way sectarian, or if the school did not afllord instruction in the 
branches prescribed and allowed by law, or if the children of the- 
district were not fairly and reasonably w^ell accomodated with the 
privileges of school, then it is the legal duty of the trustees to 
exclude any such district from sharing in the distribution. If a 
new district has been formed and there had not been time for such 
district to comply with the requirements, then such new district 
must not be excluded, but it must share in the funds. At the 
meeting in October if there should he any interest or any part of 
the distributable fund that is not needed for school purposes, then 
the board may order it added to the ]>ermanent township fund and 
loaned for he benefit of the schools.— Sec. 13, Art. IV, School 
Law. The first point in the language of this section is in the 
words "Xot needed for school purposes." So long as people levy 
special taxes to maintain schools it would seem that any funds on 
hand would be needed for school purposes. If a township held 
sufficient permanent funds to produce an income together with the 
funds distributed to the townships by the county superintendent, 
sufficient to support the schools, then the surplus, after paying all 
the expenses of the shcools, might, tmder this clause, be added to 
the township fund. 

DiNTDLD ?,v County Line — If a township is divided by a county 
line the township treasurer receives funds from both county superin- 
tendents, and it is the duty of the trustees to treat the funds so 
received, and to distrilnite the same as if received from one county. 
If any district or districts in such township have failed to keep 
school as the law requires, such district or districts shall not share 
in the distribution of funds. In the distribution of funds to the 
districts in townships divided by county lines, it is the duty of the 
trustees to ignore the line and deal with the districts the same as' 
if they were all in one county. 

REPORT — Sec. 28. The board of trustees of each township in 
this State shall prepare, or cause to be prepared, by the township 
treasurer, the clerk of the board, the directors of the several 
districts, or other person, and forwarded to the county superinten- 
dent of the county in which the township lies, on or before the 15th 
day of July, preceding each regular session of the General Assembly 
of this State, and at such other times as may be required by the 
county superintendent, or by the State Superintendent of Public 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 39 

Instruction, a statement exhibiting the condition of schools in their 
respective townships for' the preceding biennial period, giving 
.separately each year, commencing on the first of July and ending 
on the last of June, which statement shall be as follows: 

first — The whole number of schools which have been taught in 
each ^-ear ; what part of said number have been taught by males ex- 
clusively ; what part have been taught by females exclusively ; what 
part of said whole number have been tanght by males and females 
at the same time, and what part by males and females at different 
periods. 

Second — The whole number of scholars in attendance at all the 
schools, giving the numl)er of males and females separately. 

Third — The number of male and female teachers, giving each 
separately ; the highest, lowest, and average monthly compensation 
paid to male and female teachers, giving each item separately. 

Fourth — The number of persons under twenty-one years of age, 
making a separate enumeration of those above the age of twelve 
years who are unable to read or write, and the cause or causes of 
the neglect to educate them. 

Fifth — The amount of the principal of the township fund ; the 
amount of interest in the township fund paid into the township 
treasury ; the amount raised by ad valorem tax, and the amount of 
such tax received into the township treasury, the amount of all 
other funds received into the township treasury. 

Sixth — Amount paid for teachers' wages ; the amount paid for 
school house lots ; the amount paid for building, repairing, purchas- 
ing, renting and furnishing school houses ; the amount paid for 
school apparatus, for books and other incidental expenses for the 
use of school libraries ; the amount paid as compensation to township 
officers and others. 

Seiriith — The whole amount of the receipts and expenditures for 
school purposes, together v/ith such other statistics and informaion 
in regard to schools as the State Superintendent or county super- 
intendent may require. And any township from which such report 
is not received in the inanner and time required by law, shall forfeit 
its portion of public funds for the next ensuing year. Provided^ 
that upon the recommendation of the county superintendent, or for 
good and sufficient reasons, the State Superintendent may remit 
such forfeiture. 

Treasurer Make Duplicate Report — The township treasurer 
should make and file in his office a duplicate copy of the annual 
report of the trustees to the county superintendent, and, and at the 
same time he should balance the various accounts with the district 
and other funds, that there may be no difficulty in knowing the 



40 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

balances vMth which to start subsequent reports. This rule, if 
follov/ecl. will save much vexation on the part of those who have 
to make and deal with these annual statements. 

DIJ^IDED TOlVNSHIPSSec. 29. In all cases where a town- 
ship is, or shall be divided l>y a county line or lines, the board of 
trustees of such township shall make or cause to be made separate 
enumerations of male and female persons of the ages as directed 
bv section 28 of this article, designating separately the number 
residing in each of the. counties in v/hich such township may lie, 
and forward each respective number to the proper county superin- 
tendent of each of said counties ; and in like manner, so far as prac- 
ticable, all other statistics and information enumerated and required 
to be reported in the aforesaid section, shall be separately reported 
to the several count}- superintendents ; and all such parts of said 
statistical information as are not susceptible of division and are 
impracticable to be reported separately, shall be reported to the 
county superintendent in which the sixteenth section of such 
township is situated. 

Trustees' Rel'orts — Sections 28 and 29 require trustees to 
make, on or before July 15th, an annual report to the county 
superintendent and enumerate many items which shall be embodied 
in the report, together with such other matters and information as 
may be called for by the State Superintendent. School trustees 
are not warranted in law in delegating this duty and labor to the 
township treasurer. The members are responsible and for failure 
or neglect are liable, under the law\ to a fine of $25 each, and 
should the forfeiture of funds he enforced and cause a loss to the 
townships the trustees art liable for any and all loss so sustained 
through their failure or negligence. The State Superintendent 
furnishes through the county superintendent all necessary blanks 
and instructions in due time that the re])ort may be made properly, 
and there is no valid reason why such report may not be prepared 
in due season. For making false reports knowingly and willfully 
trustees subject themselves to a fine of one hundred , dollars, and 
it would be no avail for them to plead that directors had failed 
to [furnish the proper and necessary returns to enable them to 
comply with the requirements of the law. 

The right and power to enforce the forfeiture of right of the 
township to share in funds for failure to furnish the required 
report is sustained b)- the Supreme Court. — 47 111., 321. 

Di\'[DED I'.y CouN'j'v Line — Report to Each County — In a town- 
ship divided by a count}' line, the trustees must make two reports, 
one to each countv superintendQ,nt as directed by law and the re- 
quirements and instructions of the State Superintendent. Such 
items as enrollment of pupils, days of attendence, and the enumera- 
tion of children, etc., nuist l)e reported to the county in which the 
children reside. In reporting the condition of the township fund, 
such report goes to the county in which the 16th section of the town- 



MANUAL OF THE ILLINOIS SCHOOL LAW'S. 41 

ship lies. The treasurer's bond shonkl he filed and recorded in that 
county. Where a school district is divided by a county line, the 
:school should be reported to the county in which the house is located 
.as a school of that county, and in reporting' the cost of the school, 
-as expense of teaching together with all other expenses and costs, it 
-should be treated and reported the sajue as a district. entirely within 
the county, but in such schools the teacher is required to keep and 
return schedules for the pupils in each count}', and the attendance 
:and enrollment of such pupils must be reported to the respective 
counties. In short we nia}" add that all matters that are susceptable 
of division, must be divided when making" reports for townships, and 
.districts divided by county lines ; and all matters that are not suscept- 
able of division must be reported to the county in which the i6th 
section of the township is situated, or if a matter of .the school dis- 
trict, to the county in v.diich the school house is situated. The teacher 
should have a certificate from the county superintendent of the 
county in which the school house is located, and he is not required 
to hold a certificate from both counties. 

EXAMINE BOOKS — Sec. 30. At each semi-annual meeting, 
.and at such other meetings as they may think proper, the said town- 
ship board shall examine all books, notes, mortgages, securities, pa- 
pers, moneys and effects of the corporation, and the accounts and 
vouchers of the township treasurer, or other township school officer, 
and shall make such ordei thereof for their security, ]Dreservation, 
collection, correction of errors, if any, and for their j^roper manage- 
ment, as may seem to said board necessar^•. 

Must ExainiixI': Book.s — By this section it is plainly made the 
■duty of the trustees to carefully examine the books, accounts, vouch- 
ers, notes, mortgages, nioneys, and eft'ects in the treasurer's hands 
lielonging to the township, and shall make such order or orders as 
juay appear for rhe best interest of the township. For a failure to 
discharge such duty they are liaf-jle to a fine of twenty-five dollars. 

GIETS — Sec. 31. The trustees of schools in each township in 
the State may receive any gift, grant, donation or devise made for 
the use of any scliool or schools, or library, or other school purposes 
within their jurisdiction, and the}' shall be and are herebv invested, 
in their corporate capacit}', with the title, care and custody of all 
school houses and school house sites : E'roz'idcd, that the supervis- 
ion and control of such school houses and school sites shall be vested 
in the board of directors of the district. 

SELL SITE — Sec. 32. When, in the opinion of any board of di- 
rectors, the school house site or any buildings have become unneces- 
sery or unsuitable or inconvenient for a school, the board of trus- 
tees, on petition of a majority of the voters of the district, shall sell 
and convey the same in the name of the said board, after giving at 
3east twenty days" notice of such sale by posting up written or printed 



42 IvIAXUAL OF THE 1LL1X()]S SCIKJOL LAWS. 

notices thereof, particularly describing said property, and the terms- 
of sale, which notice may be in the following form, viz. : 

Public notice is hereby given that on the day .of 

A. D ,the trustees of schools on township No range 

No will sell at public sale, on the premises hereinafter de- 
scribed, between the hours of ten o'clock a. m. and three o'clock p. 
m., the school house situated on the school-house site, known as 
(here describe the site by its number, commonly known name, or 
other definite description,) and located in the (here describe its place 
in the section) which sale will be made on the following terms, to- 
wit: (here insert as "one-third of the purchase money cash on hand, 
and the balance in two equal payments, due in one or two vears from 
the dav of sale, with interest at the rate of . . . .per cent, from date.") 

A. B. 

C. D. 

E. F. 
Trustees.. 
And the deed of conveyance of the property so sold shall be exe- 
cuted by the president and clerk of said board, and the proceeds of 
such sale shall be paid over to the township treasurer, for the benefit. 
of said district. 

COA' VEY A A' CE— Sec. 33. All conveyances of real estate which 
may be made to said board, shall be made to said board in their cor- 
porate name, and to their successors in office. 

(i:<.\x'i\s Axn Gifts — Section 31 clearly states wliat trustees may 
do in the case of grants and gifts for schools and school purposes, 
and says that the title of all the property of a school shall be in the 
trustees, but the supervision and control of the school houses and 
school property shall be in the boards of directors or the boards of 
education of the school districts. Insurance policies and deeds 
should run in the names of the trustees and their successors for the 
use of the districts, and not in the names of the directors or boards 
of education. If a district by its directors purchases a school site 
the deed should be made to the trustees and not to the directors, nor 
as in the case in many instances, to the district l)y its number, which 
as is the case in man)- instances, to the district by its number, which 
numbers of the Corporate township remain. 

Insurance Policies — All insurance policies and deeds for school 
sites should be in the custody of the township treasurer, and the lat- 
ter should be recorded in the office of the recorder of deeds of the 
count}'. If the house is lost or damaged by fire or tornado under the 
insurance policy, the money received for such loss or damage must 
be paid to the township treasurer for the district as he is the bonded 
officer and is the proper custodian of all funds belonging to his town- 
ship, or to the school districts in the same. 

In some cases it may be necessary to bring suit to compel a partv 
or parties to make a deed for a school site, and in such instance the 
suit must be brought in the name of the trustees and not in the name 
of the treasurer, directors, district, nor board of education. — 81 111.^ 
180. 



MAXb'AL OF THE ILLINOIS SCHOOL LAWS. 43 

Bad Policy — It is a bad policy for a district or board of directors- 
to build on ground that is not owned by the district. Such action 
frequently causes much bickering and ill feeling in a district sooner 
or later. The legislature has n@t deemed it proper to prohibit the 
erection of school houses on land not belonging to the district, yet 
such a policy should not be pursued. A close construction of the law 
as it now stands without any express provision to the contrary, and 
an application of business principles should prevent directors and 
boards of education in expending public funds in building on and 
improving property where the site is not owned by the district. 

Does Mot Ren'Ert — Land purchased by a district for a school 
site should be deeded to the trustees in fee simple without the clause 
in the deed reverting the property when no longer used for school 
site or school purposes. The supreme court has decided that such 
land or propertv may be made to continue for the use and support of 
the school though located and kept up on another site. This could 
be done by renting the property, the income or rent going to help 
support the school. — 71 111., 546: 135 Mass., 147. 

Title Corrected — Where a site is used for school purposes, the 
site being dedicated for such purpose, and the conveyance is faulty 
or defective, a court of chancerv will remedv the error or defect — 
58 111.. 432. 

AcoL'U^Ei) [ iTLi: — In case a district has held undisputed posses- 
sion and control of school site for twenty years,- such district may re- 
tain possession of such site so long as the same is used for school 
purposes, even though there is no record of legal transfer. In such 
instances the owners and purchasers of adjoining property can not 
ignore the rights of the school district. 

BuRNiNc School House— "Every person who shall willfully and 
maliciously burn or cause to be burned any * '• * school 

house * * * "shall be deemed guilty of arson, and upon 

conviction thereof shall be punished * * "" and should the 

life of any person be lost in consequence of such burning, such of- 
fender shall be deemed guilty of murder, and punished accordingly. 
— Rev. Stat. 111., Crim. Code Sec. 13. 

Enterfng School House — Whoever willfully and maliciously 
and forcibly breaks and enters, or maliciously, without force ( the 
doors or windows being open) enters into any * * * school 

house * '•' * with intent to commit murder, robbery, etc., 

shall be deemed guilty of burglary and be imprisoned, etc." — Rev. 
Stat. 111., Crim. Code, Sec. 36. 

Trespass — School directors may maintain an action for trespass 
against any unauthorized person for breaking into and entering a 
school house.- — 91 111., 170. 

Disturbance of School — "Whoever willfullv interrupts or dis- 
turbs anv school * " ■■'- ■■' *shall be fined. &c. — Rev. Stat. 111., 
Criminal Code, 336. 

Injl^rv — "Whoe-'^^er willfully and maliciously, wantonly, and 
without cause, destrovs, defaces, mars or injures any school house 
-I: « •■f Qj. g^j^y q£ ^i^g outbuildings, fences, walls or other appur- 
tenances of such school house '•' * '•' shall be fined.etc."— Rev. 
Stat. 111. Crim. Code, Sec. 196. 



44 mani:al of the Illinois school LA^^•s. 

Cri:mix-\llv Liable — School officers paying out funds illegally 
.are personally liable for the money so paid out, and are subject to 
prosecution under the criminal law for diversion of public funds. — 
Rev. Statute 111. ; 31 Wis., 233. 

Liability for Criticism — When directors have dismissed a 
teacher, they are sometimes asked why. especially by directors of 
other districts in which the teacher has made application for a 
school. In such cases the reply is privileged, and if made in good 
faith an action for libel or slander v-/i\\ not stand. If the state- 
ments are false and give the teacher a bad character which he does 
not deserve, the director or person making such statements lays 
liimself liable to an action for libel. 

If a teacher has been discharged and is about to contract for a 
new school, it is not the duty of the directors to volunteer informa- 
tion as to such teacher's character, and it is much safer for them 
to wait until asked before making any statements. A letter from 
a parent to the directors of the district, complaining of the teacher, 
if written with an honest purpose and for the public good is 
privileged. — Tounshen on Libel, 385; 3 Pick. 201. 

Doors of School Houses — The law in force July i, 1874 pro- 
vides that the doors of all school houses thereafter erected shall be 
so constructed that all doors from tlie principal room, main hall, 
and those for egress from the building shall be so swung upon 
their hinges as to open outwards ; and provides that any person or 
persons failing to comoly with these provisions shall be fined in 
the sum not less than $100 nor more than $1000. — Rev. Stat. Ill, 
■Chapter III. 

REMOJ'AL—SUIT OX 50A'D— Sec. 34. The township shall 
cause all moneys for the use of the townships and districts to be 
paid over to the township treasurer, wdio is herel:)y constituted 
and declared to be the only lawful depository and custodian of all 
township and district school funds. They shall have power also 
to' remove the township treasurer, at any time, for any failure or 
refusal to execute or comply with anv order or requisition of said 
board, legally made and entered of record, or for other improper 
conduct in the discharge of his dut}' as treasurer. They shall 
also have power for anv failure or refusal as aforesaid to sue him 
upon his official bond and recover all damages sustained by the said 
board in its corporate capacity, by reason of such neglect or refusal 
as aforesaid. 

TRii.vsuRER Responsible — This section need not be discussed at 
length, as it is quite clear that the law makes the township treas- 
urer the proper and legal custodian of all funds belonging to the 
township, or the school districts therein. He should receive all 
funds, such as insurance monev, tuition fees, interest, rents, taxes, 
proceeds for 1)cnds sold, distril^utable fund, etc. By law he is an 
insurer as well as a securer of the funds, and the trustees, have no 
authorit)- to withdraw such funds from the treasurer and deposit 
them elsewhere. A school treasurer must not receive for school 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 45 

funds any thing which is not authorized by law. if he does and 
there is anv loss or damage resulting therefrom, he must make 
such loss good. — 99 III, 564 ; 7 TU. App. ( 7 Brad. ) 122 ; 82 III, 132 ; 
34 Mich., 371. 

PURCHASE LAND — Sec. 35. The township trustees are hereby 
vested with the general power and authority to purchase real estate, 
if in their opinion the interest of the township fund will be pro- 
moted tliereby, in satisfaction of any judgment or decree wherein 
the said board or the count}" superintendent are plaintiffs or com- 
plainants ; and the title of such real estate so purchased shall vest 
in the said board for the use of said inhabitants of said township, 
for school purposes. 

SETTLEMENT — Sec. 36. The board of trustees are hereby 
vested with general power and authority to make all settlements 
with persons indebted to them in their official capacity ; or to receive 
deeds to the real estate in compromise; and to cancel, in such 
manner as they may think proper, notes, bonds, mortgages, judg- 
ments and decrees existing or that may hereafter exist, for the 
benefit of the township, or of the fund concerned shall, in their 
opinion, require it ; and their action in the ])remises shall be valid 
and binding. 

LEASES AND SALES — Sec. 37. The board of trustees are 
hereb}' authorized to lease or sell at public auction, any land that 
may come into their possession in the manner provided for in 
either of the two preceding sections in such manner and on such 
terms as they may deem for the interest of the townships : Pro- 
vided, that in all cases of sale of such land, the sale shall either 
be at the door of the court house, wdiere judicial sales of land are 
usuall}- made, or else on the premises to be sold, as the trustees 
may order and direct: Aind, pnrz'idcd, that in all cases of sale of 
land, as provided in this section, the sale shall be made in the 
manner provided for sale of the sixteenth section by section 14 of 
article XIII of this act. 

To Settl]'. Claims — Trustees are authorized to settle claims and 
receive deeds to real estate in compromise, and to cancel notes, 
bonds, mortgages, judgments and decrees for the benefit of the 
township, when the interest of the township or such fund in their 
opinion require it, and they cannot grant this power to others, nor 
submit the question to the people of the township. The law pre- 
sumes that the trustees in such cases will act in good faith, using 
their best judgment. 

In man}' instances wdiere land is acquired by a township, by com- 
promise or foreclosure, such property is taxed. Such instances ap- 
pear contrary to the intention of law. The fund represented by such 
real estate is clearlv not taxable, hence the land while held bv the 



46 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

trustees as ]:)roperty belonging to the township is not Hable to taxa- 
tion, except by special assessment. — 80 III, 384; 118 III, 52; 124 111., 
312; 95 Inch, .175; 62 la., 46; 56 Vt. 556. 

Exemption from Tax — To secure the exemption of lots from 
taxation as school ])roperty it must be shown to be property of an 
"institution of learning" which is not leased, or otherwise used with 
a view to profit, and to exempt them as church property it must be 
shown that they are owned by some congregation, and that they are 
used exclusively for public worship." 

The words "all public school houses" which are declared in the 
statute, exempt from taxation, refer to the public school houses 
owned bv the State, or school districts and boards of education or- 
ganized under the school laws of the State" Boards of supervisors 
have no power to relieve land from the burden of taxation unless it is 
exempt under the statute. — 138 111., 263. 

Sale of L.\nd — Any lands coming into the possession of the town- 
ship trustees by foreclosure, compromise, etc.. may be sold at public 
auction by the trustees on their own petition or motion, by giving 
due notice of the time, place and conditions of the sale, which notice 
must describe the ])roperty. If there is a newspaper published in the 
county such notice shall be inserted in such paper for at least four 
weeks before the sale. In the event of no paper being published in 
the county, at least six notices of such sale must be posted in the 
most public places within such county at least forty days prior to the 
date of sale. Such sales must be conducted at the Court House of 
the county or made upon the premises. No officer is allowed any 
commission for such sale or sales, but the trustees may allow a rea- 
sonable compensation for such service. Land so acquired and held 
bv the trustees is not subject to general taxes. For decision see 
tmder discussion, "Exempt from Tax." 

HIGH SCHOOL—Sgq. ^S. Upon ])etition of not less than fifty 
voters of any school township, filed with the township treasurer at 
least fifteen days preceding the regular election of trustees, it shall 
be the duty of said treasurer to notify the voters of said township 
that an election "For" or ".Vgainst" a township high school will be 
held at the said next regular election of trustees, by posting notices 
of such election in at least ten of the most public places throughout 
such township, for at least ten days before the election ; 'which notices 
may be in the following form. viz. : 

"high school election,'' 

Notice is hereby given that on Saturday, the of April, 

A. D an election will be held at for the pur- 
pose of voting "For" or "Against" the proposition to establish a 

township high school for the benefit of township No range 

No The polls for said election will be open at and 

close at o'clock of said dav. 

A. B., 

Tozcnship Treasurer. 

Provided, that when any city in this State, having a population of 



MANUAL OF THE ILLINOIS SCHOOL LAWS. ' 47 

not less than one thousand and not over one hundred thousand in- 
liabitants, Hes within two or more townships, then that township in 
which a majority of the inhabitants of said city reside shall, together 
-with said city, constitute a school township under this act for high 
school purposes. [As amended by act approved June 19. 1891. 

BALLOTS — Sec. .39 The ballots for such election shall be re- 
ceived and canvassed as in other elections, and may have thereon 
the name of the person or persons whom the voter desires for trustee 
or trustees. 

BOARD OF EDUCATJON—Sgc. 40. If a majority of the votes 
at such election shall be found to be in favor of establishing a town- 
ship high school, it shall be the duty of the trustees of the township 
to call a special election on any Saturday within sixty days from 
the time of the election establishing the township high school, for the 
purpose of electing a township board of education, to consist of five 
members, notice of which election shall be given for the same time 
and in the same manner as provided for in the election of township 
trustees. The members elected shall determine by lot. at their first 
meeting, the length of term each is to serve. Two of the members 
shall serve for one year each, two for two years, and one for three 
years from the second Saturday of April next preceding their elec- 
tion. Whenever a vacancy occurs (except by death or resignation), 
a successor or successors shall be elected, each of whom shall serve 
for three years, which subsequent election shall be held on the same 
day and in the same manner as the election of township trustees. In 
case of vacancy from other cause than the expiration of the term of 
office, the board shall call an election without delay, which election 
may be held on any Saturday, notice of which shall be given for the 
same time and in the same manner as for the election of township 
trustees. Within ten days after their election, the members of the 
township board of education shall meet and organize by electmg one 
of their number president, and by electing a secretarv. It shall be 
the duty of the township board of education to establish at some cen- 
tral point most convenient to a majoriy of the pupils of the township, 
a high school for the education of the more advanced pupils. 

FOlVERS^Sec. 41. For the purpose of building a school house 
supporting the school and paying other necessary expenses, the 
township shall be regarded as a school district ; and the township 
l)oard of education shall have the power and discharge the duties of 
directors for such district in all respects. 

TJVO TOWNSHIPS— Sec. 42. In like manner the voters and 
trustees of two or more adjoining townships, or parts of townships, 
may cooperate in the establishment and maintenance of a high school, 



48 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

on such terms as they ma_\ , by written agreement made and signed- 
-by the boards of trustees, enter mto. 

DISCONTINUE — Sec. 43. When any township, townships or 
parts of townships, shall have organized a high school and wish to 
discontinue the same, upon petition of not less than a majority of the 
legal A'oters of said township, townships or parts of townships, filed 
with the township treasurers of said townships, at least fifteen days, 
preceding the regular election of trustees, it shall be the duty of said 
treasurers to notify the voters of the township, townships or parts of 
townships, that an election will be held on the day of said regular 
election of trustees for the purpose of voting "For" or "Against"' 
discontinuing the township high school, which notice shall be given 
in the same manner, and for the same length of time, and may be in 
substantially the same form, as the notice provided for in section 38 
of this article: Froi'idcd, that any township where a creek or river 
divides the same, and it has been divided into towns with such creek 
or river as a boundry line between them, and each of said towns con- 
tains a city, and an election has been held in such township, and car- 
ried in favor of establishing a high school, a site for which has been 
selected in one of said towns, and other proceedings had thereon, a, 
petition, signed by not less than one-fourth of the voters^ of such 
township, as shown by the vote of the last general election, may be 
filed at an}' time with the township treasurer of said township for an 
election, for the purpose of voting "For" or "Against" discontinuing 
the township high school as to the town in which the site is not 
located. Within ten days after the filing of a petition, as aforesaid, 
it shall be the duty of such township treasurer to post the notices of 
an election to be held, according to the prayer of such petition ; and 
if the majority of the votes cast at such election shall be in favor of 
discontinuing the township high school in the town where the site 
has not been located, the same shall be discontinued as to it. [As 
amended by an act approved and in force June 2, 1897. 

PROPERTY ADDED—Sec. 44. The ballots for such election 
shall be received and canvassed in the same manner as provided for 
in section 39 of this article. If the majority of the votes at such 
election shall l)e found in favor of discontinuing the high school, it 
shall be the duty of the trustees to discontinue the same, and turn all 
the assets of the said high school over to the school fund of the town- 
ship or townships interested therein, in proportion to the assessed 
valuation of said townships, to be used as any other township fund 
for school purposes. 

Election ORDERED^By a vote of the people establishing a town- 
ship high school in pursuance of sections 38 and 39 above, the town- 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 49 

ship trustees order an election for the purpose of electing a township, 
board of education, consisting of five members, whose duty it shall be 
to procure a site, erect buildmg-s. and levy taxes for the purpose of 
maintaining the school. For maintaining a township high school, the 
township is a school district and the board. of education is clothed 
with the same powers, authority and duties as those given to and. 
imposed upon boards of school directors. A township high school 
is supported by taxation, and does not share in any of the funds dis- 
tribtited by the school trustees. The township board of education 
shall employ teachers, janitors, fix rules governing the schools and 
qualifications for admission to the school, and adopt a course of 
study and text-books for the school. They should require the teach- 
ers to keep records of attendance, and cause to be made schedules 
such as are made and returned to boards of directors. In reporting a 
township high school, the board of education are to report such facts 
and information as mav be called for in the blanks and instructions 
furnished bv the State Superintendent. If a township high school is 
established by two or more townships jointly, the same law and such 
terms as the township boards may agree upon, govern. — 84 111., 491 ; 
92 TIL, 6t2 • 87 111., 303. 

Can Not Levy — A township board of education can not borrow 
money, issue bonds nor levy a tax for building and enlarging scliool 
houses, with out a vote of the people authorizing them to do so. The 
same rule of law governing boards of directors applies to township 
boards of education. — 175 III, 526. 

Is One — While the laM's governing the common schools are in 
many articles and sections, in aoplication and construction, it must be 
considered as a whole. — 175 111.. 526. 

High School Abolished — If a townshio or to^mships decide to 
abolish the high school by election as provided in the foregoing sec- 
tions it seems clear that all funds belonging to such high school 
should l^e distributed to the districts within such high school district. 
If the high school should have any bonded debt at the time of abol- 
ishinp- such school, it will be the duty of the proper officers, the trus- 
tees from time to time to levy a tax on the property owners in such 
high school district to meet the payment of such indebtedness. 

INTEREST IN BOOKS.— Sec. 45. No trustee of schools shall 
be interested in the sales, proceeds or profits of any book, apparatus 
or furniture used in any school in this State with which such trustee 
may be in any manner connected. For offending against the pro- 
visions of this section, any such trustee shall be liable to indictment, 
and, upon conviction, shall be fined in a sum not less than twenty-five 
dollars nor more than five hundred dollars, and may be imprisoned 
in the county jail not less than one nor more than twelve months, at 
the discretion of the court. 

TOWNSHIP DIVIDED— Sec. 46. Trustees of schools in newly 
organized townships, shall lay off the township into one or more 
school districts, to suit the wishes or convenience of a majority of 
the inhabitants of the. township, and shall prepare or cause to be pre- 

4 



50 MANUAL 01" THE ILLiNOlS SCHOOL LAWS. 

pared a map of the township, en which map shall he designated the 
district or districts, to be styled, when there are mort districts than 

one, "District No in township No range No of the 

.... P. M. (according to the proper numbers), county of 

and State of Illinois." 

All Territory — It is the duty of township trustees to see that 
all the territory in their township is included in school districts, and 
if through error or oversight any part of the territory is not included 
in some district, or should a district fail to maintain a legal school for 
two years, to attach such territory or district to some district or dis- 
tricts within their township. 

Legality Tested — "The legality of the formation of a school dis- 
trict should be tested by an intormation in the nature of quo zvar- 
ranto, and it may be that the common law writ of certiorari will fur- 
nish an appropriate remedy. — iii III, 171 ; 135 111., 464. 

LINES CHANGED — Sec. 47. In a township where such divis- 
ion into districts has been made, the said trustees may, m their dis- 
cretion, at the regular meeting in April, when petitioned as herein- 
after provided for, change such districts as lie wholly within their 
township, so as — 

First — To divide or consolidate districts. 

Second — To organize a new district out of territory belonging to 
tv/o or more districts. 

"The neglect of trustees to order an election in a new district for 
the election of directors, at the time fixed by law, will not have the 
effect of destroying the district ; nor will their faikire to file with the 
county clerk a map showing the lands embraced in the new district 
have that eft'cct, or prevent the directors of the new district from 
levying taxes therein." — 135 111., 464. 

Third— To detach territory from one district and add the same to 
another district adjacent ther(;to. 

PETITION NECESSARY— Sec. 48. No change shall be made 
as provided for in the preceding section, unless petitioned for — 

First — By a majority of the legal voters of each oi the districts 
aff'ected by the proposed change. 

Second — By two-thirds (2-3) of the legal voters living within 
certain territory, described in the petition, asking that said territory- 
be detached from one district and added to another. 

TJiird — By two-thirds (2-3) of all the legal voters living within 
certain territory, containing not less than ten (10) families, asking 
that said territory may be made a new district. 

Must Petition — For any change in a district boundary or boun- 
daries a petition must be duly made and filed as provided by law. 
The law does not authorize trustees to consider petitions and make 
changes at other times than at the April meeting though such meet- 
ing may be adjourned not longer than four weeks. Petitions for 



MANUAL OF THE ILLINOIS SCIIOOL LAWS. 51 

changes must be filed with the trustees (the treasurer) at least 
twenty days prior to the first Monday in April. 

Women May Not Sign — ^The law does not authorize women to 
sign such petitions. The legislature clothed women with the right 
to vote for trustees, directors, members of the boards of education 
and trustees of the State University, but did not give them the right 
to sign petitions required by law, nor are they authorized to vote on 
the question of school sites, bond issues, or the removal of a school 
house or the question authorizing the board to build. The law de- 
fines four ways in which boundary lines of districts may be changed. 
A petition is the basis for the action of the trustees, and must state 
what is wanted and the changes to be made. If the law is not fully 
followed in making and filing a petition the trustees can not have jur- 
isdiction. A mere clerical error may be corrected, but the petition 
must not be changed after it has been filed. The signers have no 
control over a petition after it has been filed with the treasurer. A 
new district must have ten or more families living therein, and no 
district from which territory is taken must be left with fewer than 
ten families in the same In counting the legal voters in a district 
or territory asking for a change, it is proper to count those who were 
legal voters the day the petition is filed . In very closely contested 
cases the name of a voter may be secured to a petition, and prior to 
the filing of such petition the person may remove from the district, 
hence in such cases he could not be counted to make the required 
two-thirds; or should a signer die prior to the date of such filu-g his 
name should not be counted to make the required number. Should 
some of the minors residing in such territory become of age after 
such petition had been filed they can not be counted with the minoritv 
to defeat the petition. 

A majority of the legal male voters living in each of two, three or 
four districts may petition for such districts to be consolidated, or 
two-thirds of the legal voters living in the entire territory may pe- 
tition that such territory be made a new district. One male voter 
living in a given territory desiring to be cut off from one district 
and attached to another district, has a legal right to make the 
petition if he is the only male voter in such territory. If there are 
two such voters, both must petition to give jurisdiction to the 
trustees. If there are five legal voters in such territory at least 
four must sign the petition. 

Two Boards — If the change sought by petition must be consid- 
ered by two or more boards of trustees, there must be a petition 
directed to and filed with each board. Such petition must be in all 
resoects the same, except being directed or addressed to 'he 
different boards. Each sismer must sign all the petitions. The 
duolicates required to be filed with directors in different districts 
riffected by such change must be correct copies of the petitions filed, 
including the names of all signers. 

If a person desires to take his name from a petition he mus< do 
so in person prior to the time of filing the instrument, for after it 
has been filed with the treasurer all rights of the petitioners to change 
or modify the same in any way have ceased. 

It is clearly the duty of those interested in the change to see 



52 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

liiat copies of the petitions with notice as below are dehvered to the 
directors of the interested districts at least ten days prior to the 
regular meeting of the school trustees. The person or persons 
delivering such copies and notices should file with the township 
treasurer evidence of the delivery and service of such notices to- 
gether with the date in writing. If a petition should fail to state that 
the new district will contain not less than ten families resident there- 
in, or if it fails to state that no districts from which territory is taken 
will be left with less than ten families, then the trustees can not have 
jurisdiction. Such an omission is fatal. — ii6 111., 493. 

For New District — A petition to form a new district including 
the territorv of two or more districts and a part of the territory of 
other districts is properly treated as a petition to organize a neiv 
district, and not as one to consolidate districts, or to detach terri- 
tory from one district and add it to an adjacent district. It is 
sufficient to give the trustees jurisdiction if the petition is signed 
bv two-thirds of the legal voters residing in the territory of the 
proposed new district. — 155 111., 402. 

Petition by Two-Thirds Will Not Apply — A petition signed 
by two-thirds of the legal voters living v/ithin certain territory is 
not calculated for all purposes, but is sufficient only for the 
purposes for v.diich the law designates and points out, namely : To 
authorize the formation of a new district, and to authorize and 
justify the detachment of terriory from one district and the addition 
of the same to another adjoining district. This form of petition 
will not justify the consolidation of two or more districts unless 
the two-thirds of' the voters who have signed the petition include at 
least a majoritv of the voters in cacJi of the entire districts and by 
two-thirds of the legal voters in the territory forming the part of 
the district involved in the change, or entering into the new district. 

petition by two-thirds for new district. 

We, the undersigned, being two-thirds of the legal voters in the 
territory herein described, petition the trustees of the schools in and 

for township No Range No .... in county, 

to make a school district of this territory, namely [here describe 
territory fully]. We declare that the said district v.dll not have 
less than ten ( 10) families, and that no district from which territory 
will be taken will be left with less than ten ( 10) families. 

(Names of petitioners.) 

If the territory lies in more than one township, the petition must 
be made and signed in duphcate and filed with each board. 
petition to detach territory from one district and add the 

same to another. 
We, the undersigned, being two-thirds of the legal voters in the 
territory berein described, petition the trustees of schools in and 

for Township No ,Rang-e No in countv, to 

detach this territory, namely [descril>e territorv here] from school 

district No in township No Range No. . . ., and add said 

territory to district No. . . ., townsli«p No. . . ., Range No We 

declare that no district from which territorv shallbe taken will be 
left with less than ten (10) families. ( (Petitioners' names.) 



MAXUAL OF THE ILLINOIS SCHOOL LAWS. 53 

Note: — If the territory afifected by the change hes in two or 
more townships the petition must be made and addressed to all the 
boards. 

TETITION ADDRESSED TO TWO OR MORE TOWNSHIPS. 

. .We, the undersigned, being two-thirds of the legal voters in the 
territory herein described, petition the trustees of township No. .... 

Range No. .... in . .' county, and the trustees of 

schools of township No Range No. . . ., in county, 

to make a new school district of this territory [here describe the 
territory], (or to detach the same from district No...., township 
No. . . ., Range No. . . .and add the same to district No. . . ., town- 
ship No Range No. . . ., as the case may be). And we declare 

that said district will not have less than ten (lo) families resident 
in it, and that no district from which territory will be taken wall 
be left with less than ten (lo) families. 

(Signature of voters. 

- Remark : — The wording can be changed so as to suit a majority 
of petitioners in the certain territory. (See other forms.)' .In case 
the petition is for detaching territory and adding the same to an- 
other district, the clause "We declare that said district will not have 
less than ten (lo) families in it" should be omitted, and so the 
clause following should be modified if a whole district is included 
in the change. The declarations as to the number of families are 
essential, and if omitted, the omission is fatal when the change 
asked for wall admit any of them in the petitions. 

PETITION BY MAJORITY. 

We, the undersigned, being a majority of the legal voters in 

district No. .... in township No Range No. . . ., in 

county, petition the trustees of schools in and for said township to 
divide said school district along a line beginning (here describe the 
line) making two districts thereof, and we declare that each of the 
new districts will not have less than ten (lo) families living in it. 

(Names of petitioners. 

Remark: — If the district or territory lies in two or more town- 
ships the petitions must be addressed to all the boards of trustees, 
and must be made and signed in duplicate, so that it may be pre- 
sented to each board. 

This form may be used w'ith the necessary modifications to ex- 
press the changes desired, when the maiority of the legal voters 
wish to have their district consolidated with another district ; or to 
have a part of their territory attached to another district, or to have 
a part of their territory together with other territory formed into 
a new district. 

This form of petition can be used by the voters of two or more 
districts when petitioning for a change, and should begin as fol- 
lows: "We the imdersigned, being a majority of the lesral 
voters in each of these school districts, namely, (here describe the 
districts). 



54 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

CERTIFICATE OF DELIVERY OF NOTICE OF PETITION. 

To the Trustees of Schools in and for Toivnship No , Range 
No , in County. 

I hereby certify that on the. . . . day of ............ , i . . . . , I 

served clerk (or president) of the board of directors of school 

district No. . . . , in township No Range No. ... in 

county, with a copy of a petition (describe petition) and with the 
not-ce in regard to the same as the law directs. 

ONE THOUSAND INHABITANTS—Sec. 49. In school dis- 
tricts having a population of not less than one thousand inhabitants, 
whether acting under the general school law or organized and 
acting under a special charter, desiring a change of boundaries, 
the question of such change may be submitted to the trustees by a 
vote of the people, instead of by the petition provided for in the 
preceding section ; and when petitioned so to do by twenty-five 
legal voters of the district, the school board of the district shall 
submit the question of the change desired to the voters of said dis- 
trict, at a special election called for that purpose, and held at least 
thirty days prior to the regular April meeting of trustees. If a 
majority of the votes cast at any election shall be in favor of the 
change proposed, then, due return of the election having been made 
to the township treasurer, the township trustees shall consider and 
take action the same as if petitioned therefor by a majority of the 
legal voters of the district : Troinded, that no question of change 
of boundaries shall be submitted to a vote of the school district 
more than once in any year. (As amended by act approved June 
18, 1891.) 

This section provides for another way by which a district boun- 
dary may be changed in certain cases, yet the legal voters have the 
right to seek a change by petition if they so desire. A circuit 
court has so held. 

DATE OF FILING — Sec. 50. No petition shall be acted upon 
by the board of trustees unless such petition shall have been filed 
with the clerk of the said board of trustees at least twenty days 
before the regular meeting in April, nor unless a copy of the 
petition, together with a notice in writing, signed by one or more 
of the petitioners, or some one of them, at least ten days before the 
date at which the petition is to be considered, to the president or 
clerk of the board of directors of each district whose boundaries 
will be changed if the petition is granted. 

Which notice may be in the following form to-wit : 

The directors in district No. ., in township No. .... Range No. . 
of the . . . .principal meridian, will take notice that the undersigned 
and others have made and filed with the board of trustees of said 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 55 

township their petition, a copy of which is herewith handed to you. 

Signed 

TWO BOARDS ACT— Sec. 51. At said April meeting by the 
concurrent action of the several boards of trustees of the townships 
in which the district or districts affected lie, each board being 
petitioned as provided for in section 48 of this article, the same 
changes may be made in the boundaries both of the districts which 
lie in separte townships, but adjacent to each other, and of districts 
formed of parts of two or more townships, as are permitted to be 
made in districts which lie wholly in one township. 

ADJOURNMENT — Sec. 52. When, at the regular meeting of 
the trustees in April, any petition shall come before the trustees, 
asking for any change in boundaries, it shall be the duty of the 
trustees to ascertain if the foregoing provisions have been strictly 
complied with ; and if it shall appear that they,or either of them, 
have not been complied with, then, in such case, the board shall 
adjourn for not longer than four weeks, in order that the foregoing 
provisions may be complied with, but there shall be but one adjourn- 
ment for such purpose. 

PETITION CONSIDERED— Sec. 53. If, on the day of the 
regular meeting, or, in case of an adjournment, at the adjourned 
meeting, it shall appear that such provisions have been complied 
with, then the trustees shall consider the petition, and shall also hear 
any legal voters living in the district or districts that will be affected 
by the change if made, who may appear before them to oppose the 
petition, tliey shall grant or refuse the prayer of the petitioners 
without unreasonable delay. After the trustees shall consider the 
petition, no objection shall be thereafter raised as to its form, and 
their action shall be prima facie evidence that all the formal require- 
ments have been complied with. 

Remark :— -"Boards of trustees are not required to incorporate 
into the record the evidence upon which they predicate the order 
allowing or rejecting a petition, and we are aware of no principle 
which would require them to do so." — 146 111., 596. 

APPEAL — Sec. 54. The petitioners, or the legal voters who 
have appeared before the trustees at the meeting when the petition 
was considered, and opposed the same, shall have the right of appeal 
■to the county superintendent of schoDls: Provided, that the 
party appealing files with the clerk of the trustees a written notice 
of appeal within ten days after the final action upon the petition by 
the trustees, which notice may be as follows, to-wit : 

To the trustees of schools, township No range No 

of county , Illinois : 

You are hereby notified that the undersigned will appeal from 



56 MANUAL OF THE ILLIN-QTS SCHOOL LAWS. 

your decision, made on the day of A. D 

granting (or refusing) the prayer of the petition in rei^^ard to : here 
give substance of the petition concerned) to the county superinten- 
dent of schools of county, IlHnois, as provided ly law. 

Signed 

HEARING BY SUPERINTENDENT— Sec. 55. When an ap- 
peal is taken from the action of the trustees to the county superinten- 
dent, the clerk of the trustees shall. Within five days after the written 
notice of the appeal has been filed with him by the appellants, trans- 
mit all the papers in the case, with a transcript of the records of the 
trustees, showing their action thereon to the county superintendent : 
and, in case of an appeal, the township treasurer shall be required 
to take no further action in the matter, except upon the order of the 
eounty superintendent, whose duty it shall be to investigate the case 
upon such appeal ; anl if in his opinion, the change asked is for the 
best interest of the district or districts concerned, he shall make such 
change or changes, but if he considers the proposed change unadvis- 
able, he shall refuse to make it, and shall reverse, if need be, the ac- 
tion of the trustees, and shall give the clerk, from which he received 
the paper, immediate notice of his decision ; and his action shall be 
final and binding. If the changes asked for by the petitioners shall be 
made by the county superintendent, he shall notif}", in writing, the 
clerk by whom the papers in the case were transmitted to him, of his 
action, and the clerk shall thereupon make a record of the same, and 
shall, within ten days thereafter, make a copy of the same, and a map 
of the township, showing the districts, and an accurate list of the tax- 
payers of the newly arranged districts, and deliver them to the coun- 
^ty clerk for filing and record by him, the same as if the changes had 
been ordered by the trustees. 

Question Not Ralsed — Legally the question can not be raised as 
to the right of a trustee to act on a petition on which his name ap- 
pears as a signer, neither can any legal objection be raised against his 
right to act upon a petition because he is a resident of one of the 
interested districts. 

If a petition is, properly before a board of trustees, a writ of nian- 
dainiis will compel them to consider it ; but they are free to use their 
discretion and best judgment as to granting or rejecting it. In 
either case there must be no modification, but it muse be acted unon 
as made by the petitioners, except as to some clerical error. — 61 la., 
632; 7 III, App. (Brad.) 222; 65 la., 347. 

Appeal to County Superintendent — In apoealing from the ac- 
tion of the trustees the petitioners or any of them have a right to ap- 
peal from the action of any or all the boards and so witli the legal 
voters, provided, they appeared before the trustees and made objec- 
tions, but if they failed to appear at the time of the meeting and make 
objection, then they can not appeal. All notices for appeals must be 



MANUAL OF THE ILLINOIS SCHOOL LAWS. O^^ 

made in writing- and filed with the treasurer of the board from which 
the appeal is taken within ten days after the trustees have acted. 

Not Transmitted — Should the township treasurer fail to trans- 
mit within five days, the papers and abstracts in the case to the coun- 
ty superintendent, such failure will not defeat the appeal, but it will 
make the treasurer liable to a fine not less than five dollars, nor more 
than fifty dollars. 

In an appeal to the county superintendent, if the appeal has been 
granted to some person or persons not having the right to appeal, or 
in accordance with the law. then he shall dismiss the case and notify 
the towaiship treasurer or treasurers, that the case stands as acted 
upon and determined by the trustees. If he finds that all acts and do- 
ing's in the case are regular and that he has jurisdiction, it is his duty 
to consider the apDcals in his own wav, using his best judg'ment and 
discretion to decide the matter upon the merits, and his action is final 
so far as the school law makes any provisions. He should make a 
record of his acts and doings in the case and send a copy of the sam.e 
to the township treasurer or treasurers. In considering the case, if 
lie should find any fatal irregularities in the proceeding's of the trus- 
tees he should dismiss the appeal, refuse the petition and notify the 
trustees of the fact. The statement that the county superintendent's 
action is final does not mean that the case can not be taken into a 
court having- competent jurisdiction. — 7 111., App. (7 Brad.) 222; 
.60 Wis., 395; 168 111., 127. 

Objections — The law says that "after the trustees shall consider 
the petition no objections can be raised as to its form, and their ac- 
tion shall be prima facie evidence that all the foregoing provisions 
have been complied with.'' If a petition contains matter that is 
superfluous and unessential to the validity, objection can not be 
raised, but the presuniption that the trustees has jurisdiction has 
been created, which may be overcome by sufficient proof only. 

The countv superintendent in considering- an appeal in such cases 
has the right to review and consider all essential matters connected 
with the appeal and determine and decide as in his judgment is best 
and proper. The whole matter may be reviewed by the court on a 
writ of certiorari, but the action must be taken within reasonable 
time, but the court will not disturb acts that are clearly within the 
discretion of the officers. — 63 111., 353; 65 111., 247; 88 111., 100; 88 
111.. 26. 

Not to AIeet Jointly — Where two or more boards of trustees 
are petitioned for a change or changes, such boards are not required 
to meet jointly. The boards should act at the usual meeting places 
in their respective townships. Aiiy change petitioned for must be 
approved or disapproved by each board acting separately. 

"The several boards of trustees of different townships, in forming 
a new district by detaching territory from two or more districts, 
must act in conformity with section 51. article 3 of the school law 
1889. The different boards must act concurrently upon the petition 
and not jointly. There is no authority of law given to call or organ- 
ize ioint meetings of the trustees of schools of the several townships, 
or for the transaction of business by such a body." — 144 111., 332. 



58 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

In stich cases, if one board adjourns to allow some defect to be 
cured as provided in section 52, the ten days in which to appeal from 
the action of any of the boards would date from the date on which 
the matter was considered by the last board. Boards of trustees 
can take but one adiournment for the consideration of petitions for 
chano^es in district boundaries, neither can they come together and 
consider such a petition before the first Mondav in April. When the 
trustees are asked by petition to change boundary lines, they are 
often confronted with a remonstrance, and frequently the names of 
some of those on the petition appear on the remonstrance. There is 
no law giving a remonstrance any legal weight — hence the fact that 
some of the petitioners have signed the remrinstrance does not in anv 
way legally affect the petition nor in the least weigh against their 
signatures on the petition. 

APPEAL TO TWO COUNTIES—Sec. 56. Where territory af- 
fected by a proposed change of district boundaries is divided by a 
county line or lines, the appeal may be taken to county supt. of any 
one of the counties in which said territory is partly located ; and 
upon any appeal being taken in any such case, the county superin- 
tendent of schools to whom such appeal is taken, shall forthwith, 
give notice to the county superintendent or superintendents of 
schools of the other county or counties, of the pendency of such ap- 
peal, and of the time and place when and where it will be heard ; and 
the county superintendents of schools of the counties in which the 
said territory is located, shall meet together at such time and place, 
and together hear and determine said appeal. In case the said 
county superintendents shall be unable to arrive at an agreement, 
then the countv judge of the county where such appeal is pending 
shall be called, and shall constitute one of the board of appeal, and 
thereupon the appeal shall be heard and determined by them. And 
the county superintendent of schools, to whom such appeal is taken, 
shall at once notify, in writing, the clerk by whom the papers in the 
case were transmitted to him of the action taken on such appeal, as 
hereinafter provided. 

MAP — Sec. 57. Whenever change in boundaries is made by the 
trustees of schools, if no appeal is taken to the county superintendent, 
the clerk of the trustees shall make a complete copy of the record of 
the action of the trustees, which copy shall be certified by the presi- 
dent of the trustees and the clerk who shall file the same, togther with 
a map of the township, showing the districts, and an accurate list of 
the tax-payers of the newly arranged districts, with tlie coimty clerk 
for record within twenty days of the action of the trustees. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 
SCHOOL TOWNSHIP. 



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20 


21 


22 


23 


24 


30 


29 


28 


21 


26 


25 


31 


?>2 


?>?> 


34 


35 


36 



Value of Records — The importance of trustees making their re- 
cords clear and accurate has heen mentioned in other parts of these 
discussions, and the ahove section plainly states what their duties are 
in connection with the matter. While the failure to do all these 
things will not defeat any action already taken, yet such neglect 
causes much annoyance and makes them liable to fine. lo 111., App. 
(lO Brad.) 343. 

Vacancy — A director living in territory that is detached from one 
district and added to another district, vacates his office, and it is the 
duty of the directors of tlie district from which the territory was 
taken to order ;ui election to fill such vacancy. 

BOND DEBT. — Sec. 58. In case any territory shall be set off 
from any district that has a bonded debt, the change not being peti- 
tioned for by a majority of the legal voters of said district, such orig- 
inal district shall remain liable for the payment of such bonded debt 
as if not divided. The directors of the original district having such 
bonded debt and of the district into which the territory taken from 
such original district has been incorporated or formed, shall consti- 
tute a joint board for the purpose of determining and certifying, 
and they shall determine and certify to the county clerk the amount 
of tax required yearly for the purpose of paying the interest and 
principal of such bonded debt which tax shall be extended by the 



60 MAN'JAL OF THE It.LINOIS SCHOOL LAWS. 

county clerk against all property embraced within such original 
district as if it had not been divided. 

When Liabk^ity — It seems from the reading of this section and 
■other parts of the law, that if part of a district, with a bonded debt, 
is by petition of a minority of the legal male voters of such district 
cut off and attached to another district, the libalitv for the pro- 
portionate part of such debt does not follow, but if cut off by a 
petition of two-thirds of the legal male voters in the territory so 
•cut off, then such territory remains liable for its proportionate part 
•of the indebtedness. 

ELECTION. Sec 59. When the trustees of schools shall or- 
ganize a new district, as hereinbefore provided for, it shall be the 
<luty of the clerk of the board of trustees, if no appeal is taken to 
the county superintendent, to order, within fifteen days after the 
action of the trustees, an election, to be held at some convenient 
time and place, within the boundaries of such newly organized 
district, for tho election of three school directors, notice being 
given by the township treasurer, who shall post up at least tliree 
notices of such election in at least three prominent places in said 
district, at learnt ten days prior to the time appointed for holding 
such election, which notice shall specify the place where such election 
is to be held, the time for opening and closing the poUs, and the 
object of said election, which notice may be in the following form, 
to-wit : 

ELECTION NOTICE. 

Public notice is herebv given that on the day of A. 

T) an election will be held at for the purpose of 

electing three school directors for the new district known as district 

No , in township No. . . . , range No. . . . , of the P. M., 

and close at o'clock M. 

By order of the board of trustees of said township. 

Signed 

Township Treasure' r. 

New District Rights — New districts formed of an old one or 
old ones should elect new boards of directors. If two or more 
districts form a new district, and though the new district adopts 
the number of one of the old districts, a new board of directors 
must be elected. Where part of the district is detached and added 
to another district, the legal voters, residing in the territory recently 
so attached, have the right to vote at an election for school 
■director, locatit^n of a site, etc., in the district to which they were 
recently attached, though such change has been within thirty davs. 
Tf an appeal has been taken from the action of the board of school 
trustees, makinc- such changes and the apoeal is yet nending, then 
thev retain their right to vote at such elections. In such cases 
they have the lieht to send their children to the school while the 
appeal is under hearing. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 61 

If two or more districts are consolidated into one district, such 
new district is entitled to all the property and funds belonging to 
the districts entering into the consolidation. ii6 111., 493. 

ELECTION JUDGES— Sec. 60. At the time appointed for 
opening the polls for said election, it shall be the duty of the legal 
voters present, five of whom shall constitute a quorum, to appoint 
three of their number, two ^:if whom shall act as judges, and one as 
clerk of said election ; and the election in all other respects shall 
be conducted as other elections for the election of school directors. 

ORGANIZATION— Sec. 6t. Within ten days after the election 
it shall be the duty of the directors, elected at such election, to 
meet at some convenient time and place previously agreed upon by 
said directors, and organize as a district beard by a])pointing one 
of their number president, and another one of their number clerk 
of said board, as in other cases of the election of school directors. 
At the first meeting of the directors, they shall draw lots for their 
respective terms of office for one, two or three years, each of which 
shall be considered a fractional term, ending at each annual meeting' 
according to the term drawn. 

ORDER ELECTION — Sec. 62. In case a new district is or- 
ganized by the action of the ccuniy superintendent, the said clerk of 
the- board of trustees shall, within five days after he has received 
notice of the action of the county superintendent on an appeal, 
order an election of directors, in the new district, the same as if the 
change had been made by the beard of trustees, and such election 
shall be held in the same manner as the election provided for where 
the trustees have formed such new district. 

DISTRIBUTE TAXES. Sec. 63. Whenever a new district has 
been formed by the trustees, or by the county superintendent, or 
county superintendents, from a part of a district or from parts of 
two or more districts, the trustees of the township or townships 
concerned shall proceed forthwith to make a distribution of tax 
funds, or other funds which are in the hands of the treasurer, or 
to which the district may, at the time of such division, be entitled ; 
so that both the old and the new districts shall receive parts of 
such funds, in proportion to the amount of taxes collected next pre- 
ceding- such division from the taxable property in the territory com- 
posing the several districts. If the new district be composed of 
parts of two or more districts, the trustees shall make distribution 
of said funds between the new district and the old districts, re- 
spectively, so that the new district shall receive a distribution of 
the funds of each of the ol'd districts, in the proportion which the 
amount of taxes collected from tke property in the territory of the 



62 MANUAL OF Tllli ILLINOIS SCHOOL LAWS. 

new district bears to the whole taxes collected, next before the 
division, in the old district ; and the town treasurer shall forthwith 
place the sum so distributed to the credit of the respective districts, 
and shall immemiately place the proportion of the funds to which 
said new district may be entitled to its credit on his books, and the 
funds on hand shall be subject at once to the order of the directors 
of the new district, and those not on hand as soon as collected. 

DIVISION OF LAND— Sec. 64. The trustees of the township 
or townships concerned shall, at the time of the creation of the 
new district, or within the period of thirty days thereafter, proceed 
to the appointment of three appraisers, who shall not be citizens 
of the township or townships interested. It shall be the duty of 
said appraisers, within thirty days ofter their appointment, to ap- 
praise the school property, both real and personal, of the district 
or districts interested, at their fair cash value. Within thirty days 
after such appraisement, the trustee or trustees of the township or 
townships concerned shall proceed to charge the property to the 
district in which it may be found, and to credit the other district 
interested therein with its proportion of such valuation : Provided, 
that the bona fide debts, if any, of the old district, shall first be de- 
ducted and the balance charged and credited as aforesaid and the 
trustees shall direct the treasurer to place to the credit of the district 
not retaining" said property, its proportion of the value of said 
property, and the funds then on hand, or subsequently to accrue, 
belonging" to such district to which such property is charged. 

Complete Business — It is the intention of the statute to com- 
plete the transactions connected with the division of school districts 
as early as it is possible ; and to this end the decision of the 
appraisers is final, unless there is fraud, and the adjustment of the 
accounts should be made without delay. The matter is with the 
township, trustees and the treasurer entirely, who must bring about 
a final adjustment. The amount due from one district to another 
must be paid out of the first funds coming into the hands of the 
treasurer for the debtor district whether it be from distribution or 
special taxes. The debtor district well knows the condition of 
afi^airs if there are no funds with which to pay the debts of the 
district, and it is the duty of the school board to make provisions 
for such liabilities. For a failure on the part of the trustees to 
divide funds and property as enjoined by law, the trustees are 
heavilv liable both individually and jointlv, and those districts that 
have failed to obtain their just and rvehtful share of the property 
are entitled to redress under the provisions of the statute. 

TRUSTEES JOINTLY LIABLE—Sec. 65. If the trustees 
shall fail to observe the provisions of sections 63 and 64, in reference 
to the distribution of funds and property, they shall be individually 



MANUAL OF Tllli ILLINOIS SCHOOL LAWS. 63 

and jointly liable to the district interested, in an action on the case, 
to the full amount of the damages sustained by the district that is 
aggrieved. Where trustees have heretofore failed to make dis- 
tribution of property to districts, as provided in said sections 63 
and 64 of this article, the district interested in the making of such 
distribution may. by its direc^to-'s, request the trustees, in writing, 
to proceed to make such distribution : and said trustees shall proceed 
to make such distribution in the manner prescribed, and shall be 
liable, as herein stated, for a neglect or failure to do so. 

CLERK LIABLE — Sec. 66. The clerk of any beard of trustees 
who shall fail, neglect, or refuse to perform the duties imposed upon 
him bv this article of this act, or any of them, within the time and 
in the manner prescribed, shall, for each offense, forfeit not less 
than ten dollars ($10), nor more than twenty-five dollars ($25) of 
his pay as clerk of the board of trustees and township treasurer, 
v/hich forfeiture shall hi enforced by the trustees. 

NO SCHOOL EOR TWO YEARS— Sec. 67. If any school 
district shall, for two consecutive years, fail to maintain a public 
school, as required by law to do, it shall be the duty of the 
trustees of schools of the township, or townships, in which such 
district lies, to attach the territory of such district to one or more 
adjoining school districts to divide the property of said district be- 
tween the districts to v hich its territory is added- in the manner 
hereinbefore provided for the division of property in the case a new 
district is organized from a part of another district, and the action 
of the trustees in such case shall be final and binding. And the 
clerk of the trustees in such case shall file a copy of the record of 
the same, together with the map and list of tax-payers with the 
county clerk as in other cases of change of district boundaries. 

UNION DISTRICT DISSOLVED— Sec. 68. The majority of 
legal voters of 3. district lying in two or more townships may 
secure the dissolution of said district by petitioning the boards of 
tiustees of said townships, at their regular meeting in .April, tr»t 
each will add the territory belonging to said district, in its town- 
ship, to one or more adjacent districts. Upon receipt of such 
]:)etition, or the returns of the election (in districts containing one 
thousand or more inhabitants) the several boards of trustees shall 
make such disposition of the territory of said district as lies in its 
township, and they shall jointly make such division of property of 
said district between the districts to which its territory is attached, 
as is hereinbefore provided in case of the organization of a new 
district from a part of another district. The action of the trustees, 
in accordance with such petition or election, shall be final and bind- 



64 MxVNUAL OF THE ILLINOIS SCHOOL LAWS. 

ing ; and the clerks of the several boards of trustees, in such case, 
shall file a copy of the record of the same, together with the map 
and lists of tax-payers, with the county clerk, as in other cases of 
change of district boundaries. 

To Dissolve Union District — A petition to dissolve a union 
district must be signed by a majority of the legal male voters 
residing in the whole territory and must be filed with each board of 
trustees in whose township any part of such union district lies. If 
the concurrent action of the boards of trustees dissolves the district, 
it is the duty of each board to dispose of the territory lying in 
their respective townships as they may deem to the best interest 
of the people. In such cases trustees are to use their discretion 
in the disposition of the territorv as a peti^-ion asVine* that the 
territory be disoosed of in any particular way has no legal standing 
at this stage of the proceedings. 

SUCCESSORS — Sec. 69. The trustees of schools, elected as 
provided for in this article, shall be successors to the trustees of 
school lands, appointed by the county commissioners' court, and the 
trustees of schools elected in townships under the provisions of 
"An act making provisions for organizing and maintaining common 
schools," approved February 26, 1841, and "An act to establish and 
maintain common schools," approved March i, 1847, ^"^1 "An act 
to establish and maintain a system of free schools," approved April 
I, 1872. All rights of property, and rights and causes of action, 
existing or vested in the trustees of school lands, or the trustees 
of schools appointed or elected as aforesaid, for the use of the 
inhabitants of the township, or any part of them, shall vest in the 
trustees of schools, as successors, in as full and complete a manner 
as was vested in the trustees of school lands, or the trustees of 
schools appointed and elected, as aforesaid. 

Dissolution of District— In case a district is dissolved, or 
discontinued bv petition and the territory is attached to two or 
more districts by the trustees, while the law does not say how the 
trustees sliall dispose of the prooerty of such dissolved district, yet 
the rule of reason would give the real estate in such cases to the 
district to which the territorv in which the real estate is located is 
attached, and after paying all debts of the discontinued district it 
would be lawful for the trustees to aoportion the remaining 
property and funds to the district to which the territory had been 
added as in their judgment may seem just. 

Funds Divided — -When a new district is formed by the trustees 
or by the county superintendent, all funds on hand must be dis- 
tributed or apnortioned to the di'^-'-ricts in<-erested. If anv funds 
are uncollected, such funds shall be divided and credited to the 
proper districts as soon as paid in In such division of the school 
property, all houses, apparatus and sites must be appraised and the 
value apportioned to the districts. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 65 

When making a division of funds and the appraised vakie of 
property, the trustees will be governed by the assessment roll of 
the property of the districts interested as shown by the assessment 
for the previous year (the last roll) and make the apportionment 
in the ratio which the total assessed value of each district bears to 
the total assessed value of the districts that are parties to the 
change. 

A new district can not legally waive its right to share in the 
division of the property. The law provides how the matter shall 
be adjusted, and does not give authority to any person, board or 
corporation to make a waiver. Such divisions should be made 
within three months after the formation of the new district. 
Trustees should see to it that the apportionment is made sooner if 
possible. If trustees neglect or refuse to make the apportionment 
they are individually liable. In the formation of new districts or 
the abolishing of old ones, proper regard must be had for existing 
contracts with teachers, etc. In many instances it may be well 
in such cases to arrange for acts or parts of the acts to take effect 
at some future time, i. e., if a school is in progress, at the close 
of the school. 

School Closed By Change— In changing the boundary lines of 
districts, if a school is closed thereby, the property of such district 
is liable for the teacher's pay to the end of his contract, and the 
board that contracted with him remains liable to him for his salary. 
In adjusting and dividing money and property among the new 
districts so formed it is right and proper to first set aside a suf- 
ficient amount of the funds to meet all existing contracts except 
bonded indebtedness and apportion the remainder. 

No Division — If a portion of territory is cut off from one dis- 
trict and added to another district, then mo division of the property 
follows. The payment of the amount due from one district to 
another on apportionment may be enforced by law. i6 111., App., 
651 ; 73 111.. 249; 4 Neb., 265 ; 68 111., 154; 63 Wis., 337. . 

Annexation to ]\Iunicip.\lity — In the annexation of territory 
to a municipalitv, there is no necessity of formulating a code of 
municipal laws for the government of the territory annexed. By 
becoming a part of the municipalitv it is, ipso facto, brousrht under 
and made subject to all the laws by which the municipality itself 
is governed. 

The statute already in force having committed all the public 
schools of the city to the control and management of the city 
board of education, the instant the territory became a part of the 
city all public schools within the annexed territory fell under the 
control and jivrisdi-ctron of such board — not by force of any 
express provision O'f the annexation laW, birt by .force of the 
existing statute which had committed all schools in the city to the 
jurisdiction of said board." 

The annexation of towns, cities and villages to contiguous 
cities, does not divest any vested rights in the school property, but 
expressly preserves all trusts with which the school fund and other 

5 



66 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

property was impressed while held by the district, township and 
their officers, the only change effected being a change of trustieo 
or custodian. To such a change there is no constitutional objec- 
tion." 133 III, 122. 

History of Legislation — In Illinois there are what may be styled 
two classes of permanent public school funds which consits either of 
moneys received from the general government or of lands from the 
same source and the proceeds of the sale of these lands as have been 
made. The funds of another character are moneys which the State 
has by law set apart fcr the use of the schools. The term "perman- 
ent fund" is applied because the income only may be used or ex- 
pended. The funds are designated : 

(a) The Township Fund. 

(a) The Seminary Fund. 

(a) The School Fund Proper. [ 

(a) The College Fund. 

(a) The Illinois Industrial University Fund. 

(b) The Surplus Revenue Fund, 
(b) The County Fund. 

Space will not admit a full and detailed account of these funds. 
The legislation, concerning them, embraces many acts, passed at 
various dates, since the adoption of the constitution. For an ex- 
tended history of these funds and the legislation relating thereto the 
reader is directed to the Illinois Reports (Slade) 1880-82, pp. 120- 
143, and the Report of the Commissioner of Education, 1892-93, 11. 
pp. 1 268- 1 288. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



67 



ARTICLE IV. 



TOWNSHIP TREASURER. 



'§ 1. Bond; form of bond. 

§ 2. Treasurer's accounts; record of notes 
and bonds; subject to inspection. 

§ 3. Terms of loans. 

§ 4. Securities to run to board of trustees. 

§ 5. Surplus district funds may be loaned. 

§ 6. Statement of loans to be delivered to 
county superintendent. 

§ 7. Form and release of mortgage. 

S ^i. Action on mortgage; insurance poli- 
cies. 

■§ 9. Additional security. 

§ 10. Preference given to debts due to 
school fund. 

§11. Default in payment; penalty; action 
to recover interest. 

12, Manner of bringing suits. 



§ 13. Treasurer shall keep money, books 
and papers, and keep funds at in- 
terest. 

S 14. Send annual statement to trustees. 

§ 15. Annual exhibit. 

§ If). Statement to districts; exhibit to be 
posted. 

§ 17. Penalty for failure to perform re- 
quirements of the I. receding sec- 
tions. 

§ 18. Unpaid orders of teachers to draw- 
interest. 

§ ly. Additional duties defined. 

§ 20. Treasurer liable for failure to per- 
form his duties, but not Hall; when 
acting under orders of board. 

§21. Bonds, securities, etc.. to be turned 
over to succesor; penalty and judg- 
ment. 

§ 22. Compensation of the treasurer. 



BOND — Section i. The township treasurer appointed by the 
board of trustees shall, before entering upon their duties, execute a 
bond with two or more freeholders, who shall not be members of 
the board, as securities, payable to the board of trustees of the 
township for which he is appointed treasurer, with a sufficient 
penalty to cover all liabilities which may be incurred, conditioned 
faithfully to perform all the duties of the township treasurer in 

township No , range No , in county according 

to law ; which bond shall be approved by at least a majority of 
the board, and shall be delivered by one of the trustees to the 
county superintendent of the proper county. And in all cases 
where such treasurer aforesaid is to have the custody of all bonds, 
mortgages, moneys and effects denominated principal, and belong- 
ing to the township for which he is appointed treasurer, the 
penalty of such treasurer's bonds shall be twice the amount of all 
bonds, notes, mortgages, moneys and effects ; and shall provide for 
the faithful accounting for, and turning over, of all such bonds, 
notes, mortgages, moneys and effects as shall come intO' his hands 
while he may act as such treasurer, under such appointment, to his 
successor, when appointed and qualified, as herein provided, by giv- 
ing bond. The penalty of said bond shall be increased from time 
to time, as the increase of the amount of notes, bonds, mortgages 
and effects may require, and whenever, in the judgment of the 
trustees or county superintendent, the security is insufficient. Any 
and every township treasurer appointed subsequent to the first, as 



68 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

herein provided, shall execute said bond with security, as is re- 
Cjuired of the first treasurer. 

The bond required in this section shall be in the following form,, 
viz. : 
State of Illinois, County, ss. 

Know all men by these presents, that we, A. B., C. D. and E. F., 
are held and firmly bound, jointly and severally, unto the board of 

trustees of township , range , in said county, in 

the penal sum of dollars, for the payment of which we 

bind ourselves, our heirs, executors and administrators firmly by 
these presents. 

In withness whereof we have hereunto set our hands and seals 

this day of , A. D The condition of the 

above obligation is such that if the above bounden A. B., township 

treasurer of township ,, range , in the county 

aforesaid, shall faithfully discharge the duties of said office, 
according to the laws which are now or may hereafter be in 
force, and shall deliver to his successor in office, after such suc- 
cessor, shall have fully qualified by giving bond as' provided by law, 
all moneys, books, papers, securities and property which chall come 
into his hands or control, as such township treasurer, from the date- 
of this bond up to the time that his successor shall have duly quali- 
fied as township treasurer, by giving such bond as shall be required' 
by law, then this obligation to be void ; otherwise to remain in full 
force and virtue. 

Approved and accepted by: 

G. H., A. B., (Seal.) 

I. J., C. D.. (Seal.) 

K. L., Trustees. E. F. (Seal.) 

Bond Form — It is the duty of the trustees and the county 
superintendent to see that the treasurer's bond is in the form as" 
directed by the law. The treasurer and the securities must 
acknowledge such bond before some officer authorized to take 
acknowledgements. The bond of a township treasurer should be 
fixed at double, the amount of moneys, mortgages, notes and 
effects which may come into his hands as treasurer. The present 
law requires that such bond have attached a revenue stamp of 
fifty cents. If a treasurer is reappointed by the trustees, he must 
give a new bond. 

Where a township is divided by a countv line the treasurer is 
not required to give but one bond, and it should be filed with the 
countv superintendent of the county in which the school section, 
or the greater part of such section lies. The countv superinten- 
dent receiving and filing such bond shall certify such fact to the 
countv superintendent of the other county, and such certificate is 
sufficient evidence that the bond of the treasurer has been filed as 
the law requires. ii 111 App. (ii Brad.), 280. 

ACCOUNTS — Sec. 2. Every township treasurer shall provide 
himsekf with two well bound books, the one shall be called a 
ca-sh book, the other a loan book. He shaM cha-rge h-imself in the- 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 69 

cash book with all moneys received, stating the charge, when, from 
whom, and on what account received, and credit himself with all 
moneys paid or loaned, stating the amount loaned, the date of the 
loan, the rate of interest, the time when payable, the name of the 
securities ; or, if real estate to be taken, 'a description of the same. 

He shall also enter, in separate accounts, moneys received and 
moneys paid out, charging the first to debit account, and crediting 
'the latter as follows, to-wit: 

First — The principal of the township fund, when paid in and 
when paid out. 

Second — The interest of the township fund, when received and 
when paid out. 

'Third — The common school fund and other funds, when received 
from the county superintendent and when paid out. 

Fourth — The taxes received from the county or town collector, 
for what district received, and when and what purpose paid out. 

Fifth — Donations received. 

Sixth — Aloneys coming from all other sources ; and in all cases 
entering the date when received, and when paid out. And he shall 
also arrange and keep his books and accounts in such other manner 
as may be directed by the State or coimty superintendent or the 
board of trustees. He shall also provide a book, to be called a 
journal, in which he shall record, fully and at length, the acts and 
proceedings of the board, their orders, by-laws and resolutions. 
And he shall also provide a book, to be called a record, in which 
"he shall enter a brief description of all notes or bonds belonging 
to the township, and upon the opposite page he shall note down 
when paid, or any remarks to show where or in what condition it 
is, as in the following form, viz. : 



Maker's Name. 



Date of Note. 



When Due. 



A. B.,C. D., E. F. 



Tannary 1, 1 January ], 1 



■ All the books and accounts of the treasurer shall at all times be 
subject to the inspection of the trustees, directors or other person 
authorized by this act, or by any committee appointed by the 
voters of the township, at the annual election of trustees, to 
■examine the same. 

Liability Arises — The liability of the treasurer arises out of 
his official bond. He has made by the bond an express contract 
with the trustees that he will safely keep the moneys which shall 
come into his hands. It is so "nominated in the bond," when that 
is read in the light of the statute prescribing his duties, and con- 
:siderations of public policy forbid that he should be permitted to 



70 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

avail of any extraneous facts outside of the condition of the bond, 
The treasurer well knew and understood the contract he had 
entered into, and the extent of the obligation he had voluntarily 
incurred, and he has obtained all he contracted for — the posses- 
sion of the office with the emoluments attached to it. 

We think there is no principle on which the defense can be sus- 
tained, the contract being absolute, without any condition, express 
or implied. ***>!; * Public policy demands that public 
depositories of public money should be held to the most rigid 
accountability, within the scope and terms of their covenants. 

They know well on assuming their positions, the hazards to 
which they are exposed, and they voluntarily assume the risk, and 
are paid for doing so. Township treasurers, under our statute, 
are made insurers of the funds coming to their possession, and 
nothing should or can excuse them but the act of God or of the 
public enemy. There would be no surety to the public were this 
net the rule. ***** Misfortune, negligence or other un- 
avoidable accident , or by a felony committed by another, fur- 
nishes no defence to the action on the bond. 30 111., 99; 88 111., 181. 

No Relief — There is no way open by which a township school 
treasurer may escape his responsibility for funds belonging to the 
schools. The law is that he must at all times respond in money 
or ample securities for the whole amount of funds received by him, 
less the sums legally paid out. The courts hold that trustees can 
not legally release a township treasurer, or the securities on his 
bond from any liability. Where judgment is obtained against 
a treasurer and his bondsmen, if no propertv is found belonging 
to the treasurer out of which to make the debt, recourse is 
against the property of the securities. Suit to recover on a 
treasurer's bond must be brought in the corporate name of the 
trustees, in a circuit or other court having jurisdiction. 30111,99. 

LOANS — Sec. 3. Township treasurers shall loan, upon the fol- 
lowing conditions, all moneys which shall come into their hands by 
virtue of their office, except such as may be subjsct to distribution. 
The rate of interest shall not be less than five (5) per cent., nor- 
more than seven (7) per cent, per annum, payable annually, the rate 
of interest to be determined by a majority of the township trustees 
at any regular or special meeting of their board. No loans shall 
be made for less than six (6) months, nor more than five (5) years. 
For all sums not exceeding two hundred dollars ($200) loaned for 
not more than one year, two (2) responsible sureties shall be 
given; for all sums over two hundred dollars ($200), and for all 
loans for more than one (i) year, security shall be given by mort- 
gage on real estate unincumbered, in value forty per cent, more 
than the amount loaned, with a condition that in case additional 
security shall be at any time required, the same shall be given to 
the satisfaction of the board of trustees for the time being:: 
Provided, that nothing herein shall prevent the loaning of town- 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 71 

ship funds to boards of school directors, taking bonds therefor, as 
provided in section i, article IX, of this act. 

As amended April 24. 1899. In force July I, 1899. 

Loaning Township Funds. — It is the duty of a township treas- 
urer to fully satisfy himself as to the title when making a loan on 
real estate, and that the mortgage is the first lien. According to the 
statute of limitations a mortgage remains a lien for a period of ten 
years after the loan matures. 24 111., App. 231. 

Township treasurers and boards of trustees are required to keep 
the funds of the township loaned, and for the best interest of the 
townships it is generally better to make loans on real estate, or dis- 
trict bonds on time from three to five years. 

Different Funds. — As now provided by law the township school 
treasurer has charge of and must keep accounts with three different 
and separate funds which are : 

The Permanent or Principal of the Township Fund. 

The Distributable Fund. 

The District Funds. 

The treasurer should keep two accounts with the Township Fund. 
One of which should be an account of the loans, the other should be 
a cash account which should show all receipts, and the loans made 
from the fund. 

The account with the Distributable Fund should show all receipts 
from whatever source received, for the purpose of distribution, and 
to what districts distributed. The treasurer's salary and the inci- 
dental expenses of the trustees should be paid from this fund before 
the distribution is made. 

The treasurer should keep an account with each district or parts 
of districts in his township, showing definitely all money received, 
of whom received and on what account ; and to whom paid and on 
what account. The law allov/s township treasurers to loan anv dis- 
trict fund not needed for school purposes, on the written order of 
the directors, but he must use his own judgment and discretion in 
making the loan, as he and his bond stand equally liable for any loss 
of district funds, or for the loss of any part of the township fund. 
The directors are allowed to authorize him to loan district funds, 
but he, not thev, is to pass u'jwn the securitv. 

The rate of interest as provided now shall not be more than seven 
per cent, nor less than five per cent. If a treasurer loans money for 
less than seven Der cent, he should have an order of the trustees for 
such action. The law authorizes the treasurer to loan on personal 
security to one person a sum not s^reater than two hundred ($200.00) 
dollars with at least two securities. Personal securiv loans must 
not be made for more than one year, and should the borrower wish 
to keep the money longer he must execute a new note with such se- 
curitv as will be satisfactory to the treasurer. It is not enough that 
the trustees mav express themselves as satisfied with such securitv. 
The treasurer has undertaken to safelv k'^en the funds, and for his 
security, he is ^he one that must be satisfied before a loan is made. 
2A Til., App. (Smith) 231. 

Trustees are not allowed to borrcv/ the funds of their township, 



72 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

neither can a trustee legally sign a note as security for such fund. 
A township treasurer can not borrow the funds belonging to the 
schools of his own township. 19 111., 83 ; lOi Ind., 532. 

NOTES, BONDS, ETC., PAYABLE TO TRUSTEES.— Sec. 
4. Notes, bonds, mortgages and other securities taken for money 
or other property due, or to become due, to the board of trustees for 
the township, shall be payable to the said board by their corporate 
,name ; and in such name, suits, actions and complaints, and every 
description of legal proceedings may be had for the recovery of 
money, the breach of contracts and for every legal liability which 
may at any time arise or exist, or upon which a right of action shall 
accrue to the use of such corporation: Provided, however, that 
notes, bonds, mortgages and other securities in which the name of 
the county superintendent, or of the trustees of schools are inserted, 
shall be valid to all intents and purposes, and suits shall be brought 
in the name of the board of trustees as aforesaid. The wife of the 
mortgagor, (if he is married) shall join in the mortgage given to 
secure the payment of money loaned by virtue of the provisions of 
this act. 

SURPLUS. — Sec. 5. Whenever there is a surplus fund in the 
treasurer's hands belonging to any school district, the treasurer may 
loan the same for the use and benefit of such district, upon tlie 
written request of the directors of said district and not otherv/ise ; 
and all such loans shall be on the same conditions as are prescribed 
in this article for the loaning of township funds. 

How Loan Funds. — The statute defines how school funds shall 
be loaned by the treasurer and states the rate^ of interest, the kinds 
of security he shall take, such as district bonds, mortgages and per- 
sonal security, and should the treasurer m.ake loans that are not in 
accordance with the law, he is at once liable on his bond. 78 111., 22 ; 
5 Oilman 528; 24 111., App. 23 ; 50 Miss., 403. 

STATEMENT. — Sec 6. The tov/nship treasurer shall, on or be- 
for: the 30Lh day of June, annually, prepare and deliver to the county 
superintendent of his county, a statement, verified by his affidavit, 
showing the exact condition of the township funds. Said statement 
shall contain a description of the securities, bonds, mortgages and 
notes belonging to the tov/nship, giving names of securities, dates, 
amount of loans, rate of interest, v.dien due, and all data by which a 
full understanding of the condition of the funds may be obtained. 
The county superintendent shall preserve such statement for the use 
of the township. 

MORTGAGES. — Sec. 7. Mortgages to secure the payment of 
money loaned under the provisions of this act, may be in the follow- 
ing form, viz. : 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 73 

I, A. B., of the county of , and State of do 

liereby grant, convey and transfer to the trustees of schools of 

township ....'.. Range No. , in the county of , 

and State of Illinois, for the use of the inhabitants of said townsliip, 
the following described real estate, to-wit: (Here insert premises), 
which real estate I declare to be in mortgage for the payment of 

dollars leaned to me and for the payment of all interest that 

may accrue thereon to be computed at the rate of per cent. 

per annum until paid. iVnd I do hereby covenant to pay the said 

sum of money in years from the date hereof, and to pay the 

interest on the same annually, at the rate aforesaid. I further cove- 
nant that I have a good and valid title to said estate, and that the 
same is free from all incumbrance, and that I will pay all taxes and 
assessments which may be levied on said estate, and that I will givq 
any additional security that may at any time be required in writing 
'by said board of trustees ; and if said estate be sold to pay said debt, 
or any part thereof, or for an}^ failure or refusal to comply with or 
|;)erform the conditions of covenant herein contained, I will deliver 
Immediate possession of the premises. And it is further agreed, by 
and between, parties, in case a bill is filed in any court to foreclose 
this mortgage for non-payment of either principal or interest, that 
the mortgagor will pay a reasonable solicitor's fee, and the same 
shall be included in the decree and be taxed as costs ; and we, A. B., 
and C, wife of A. B., hereby release all right to the said premises 
which we may have by virtue of any homestead laws of this State, 
and in consideration of the premises, C. wife of A. B., doth hereby 
release to said board all her right and title of dower in the afore- 
granted premises for the purpose aforesaid. 

In testimony whereof, we have hereby set our hand and seals this 

day of . , 19. . . . A. B. (Seal.) 

C. B. (Seal.) 

Which mortgage shall be acknowledged and recorded as is re- 
quired by law for other conveyances of real estate, the mortgagor 
paying expenses of acknowledgment and recording. 

On payment of any school mortgage in full, it shall be the duty of 
the trustees of schools to give a deed of release of such mortgage or 
to enter satisfaction thereof upon the record, such deed of release or 
satisfaction to be executed by the township treasurer. 

Release of Homestead — A mortgage given upon a partv's home- 
stead to secure money borrowed from the school fund, which fails to 
release the homestead right, is not effective and obligatory as against 
such right although in the form prescribed by the statute in force at 
the time of its execution, and no forced sale can be had under the 
same. 98 111., 248. 

BREACH. — Sec. 8 Upon the breach of any condition or stipula- 
tion contained in said mortgage, an action may be maintained and 
damages recovered as upon other covenants ; but mortgages made in 
any other form to secure payment, as aforesaid, shall be valid as if 



74 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

no form had been prescribed. In estimating the value of real estate 
mortgaged to secure payment of money loaned under the provisions 
of this law, the value of improvements liable to be destroyed may be 
included ; but in any such case said improvements shall be insured 
for the insurable value thereof in some safe and responsible insur- 
ance company or companies, and the policy or policies of insurance 
shall be transferable to the board of trustees as additional security 
for any loan, and shall be kept insured until the loan is paid. 

ADDITONAL SECURITY.— Sec. 9. In all cases where the 
board of trustees shall require additional security for the payment 
of money loaned, and such security shall not be given, the township 
treasuerer shall cause suit to be instituted for the recovery of the 
same, and all interest thereon to the date of judgment: Proiided, 
that proof be made of the said recjuisition. 

PREFERENCE. — Sec. 10. In the payment of debts by execu- 
tors and administrators, those due the common school or township 
fund shall have a preference over all other debts, except funeral ex- 
penses, the widow's av/ard and the expenses attending the last sick- 
ness, not including the physician's bill. And it shall be the duty of 
the township treasurer to attend at the office of the probate judge 
upon the proper da}^ as other creditors ,and have any debts, as afore- 
said, probated and classed, to be paid as aforesaid. 

Additional Security. — It is the duty of school trustees to call 
for additional security upon any loan if in their judgment the inter- 
est of the township demands it. The board should make a record 
order to that effect and the treasurer should serve the person so in- 
debted with a copy of the order signed by himself and the president 
of the board. A notice in the followina: form would be sufficient : 



To 

By order of the trustees of schools of township No , Range 

No , you are required to give additional security for money 

loaned 3^ou, from the school fund of said township. 

Treasurer. , President. 

If the principal on a note due the school fund dies, the treasurer 
should probate such claims as:ainst the estate within two years other- 
wise any loss sustained would be thrown uoon the school treasurer 
and his bond. Such claims are preferred by statute, and it is the 
duty of the treasurer to present such claims for probate. When pro- 
bated the rate of interest is six per cent." 68 111., 140 ; 90 111., 603. 

DEFAULT. — Sec. 11. If default be made in the payment of 
interest due upon money loaned by any comity superintendent or 
township treasurer, or in the payment of the principal, interest at 
the rate of twelve per cent, per annum shall be charged upon the 
principal and interest from the day of default, which interest shall 



MANUAL OF THE ILLINOIS SCHOOL LAWS. ' 75' 

be included in the assessment of damages ; or in the judgment in the 
suit or action brought upon the obligation to enforce payment there- 
of, and interest as aforesaid may be recovered in an action brought 
to recover interest only. The said township treasurer is hereby 
empowered to bring appropriate actions in the name of the' board of 
trustees, for the recovery of the yearly interest, when due and un- 
paid,, without suing for the principal, in whatever form secured ; 
and justices of the peace shall have jurisdiction of such cases of all. 
sums not exceeding two hundred dollars. 

SUITS. — Sec. 12. All suits brought or actions instituted under 
the provisions of this act, may be brought in the name of the trustees 

of schools of Township No , Range No except as 

provided for qui tain actions, or actions in favor of county superin- 
tendents. 

Need Not Wait. — The township treasurer need not wait for an 
order from the trustees to bring suit for the recovery of any prin- 
cipal or interest due the school fund. It is well for the treasurer 
to advfse with the trustees on matters of this kind, but he must 
use his best judgment in all matters as he is the one that stands 
between the funds and any loss that may occur. 

Bringing Suit — In bringing suit for recovery of any principal 
or interest, the twelve per cent provided for in section 1 1 above is 
a penalty and must be sued for as such. We think that it will be 
understood without discussion that the twelve per cent, is a 
penalty on interest in default, as it is also on principal that may 
be in default. 17 111., 51. 

"Two classes of cases are embraced by this act ; one where in- 
terest is due and unpaid ; the other where principal is due and pay- 
able. In the former case the amount of unpaid interest bears 
interest at the rate of twelve per cent, per annum, and it may be 
sued for and recovered in a separate action. In the latter case the 
principal debt bears at the rate of twelve per cent, per annum from 
the date it falls due. The provisions of this act do not apply to 
the original principal v/hen the debtor is not in default resoecting^ 
it. It is only when the principal is due and payable that the rate 
of interest is increased. This, we are satisfied, was the intention 
of the legislature, although it must be admitted that the intention 
is not as clearly expressed as in the act of 183.S. A dififerent 
construction would render the law highly penal in its character. 
If twelve per cent, interest was to be charged upon the principal 
on every failure to make a payment of interest, it would operate 
very severely upon the debtor. Loans are made for five years ; 
and the penalty for failing to pay a few installments of interest, 
might exceed the principal debt. Such a construstion ought not 
to be put upon the law, unless it manifestly appears that it was 
the design of the legislature." 14 111., 371. 

TO KEEP FUNDS — Sec. 13. The said township treasurer shall 
demand, receive and safely keep, according to law, all moneys,. 



76 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

books and papers of every description belonging to his town- 
ship. He shall keep the township funds loaned at interest ; and if, 
on the first Monda}^ in October, in any year, there shall be any 
interest or other funds on hand which shall not be required for 
distribution, such amount not required as aforesaid, may, if the 
board of trustees see proper, forever be considered as principal 
in the funds to which it belongs, and loaned as such. 

REPORT — Sec. 14. On the first Mondays in April and Octo()er 
of each year, the township treasurer shall lay before the board of 
trustees a statement showing the amount of interest, rents, issues 
and profits that have accrued or become due since their last regular 
half-yearly meeting, on the township lands and tov/nship funds, and 
also the amount of State and county fund interest on hand . He 
shall also lay before the said trustees all books, notes, bonds, 
mortgages and all other evidences of indebtedness belonging to the 
township, for the examination of the trustees ; and shall make such 
other statement as the board may require, touching the duties of 
his office. 

April, October Statements — At the April meeting the town- 
ship treasurer is required to make to the board of trustees a state- 
ment showing the condition of the township fund, espcciallv with 
regard to the income and other distributable funds thai the trustees 
may make the distribution as provided in section 26 of this article. 
At the mee<"ing in October he should make a stateijient showing 
the condition of all the funds, including the district accounts, that 
tlie trustees may examine and audit each and all of ihe accounts. 

EXHIBIT — Sec. 15. The said township treasurer shall make 
out annually, and present to the board of trustees, at their meeting 
succeeding . the annual election, a complete exhibit of the fiscal 
affairs of the township, and of the several districts or parts of 
districts in the townshio, showing the receipts of money, and 
sources from which they have been derived, and the deficit and de- 
linquencies, if there be any, and the cause, as well as a classified 
statement of the moneys paid out, and the amount of obligations 
remaining unpaid. 

STATEMENTS — Sec. 16. The township treasurer shall, within 
two days after' the first Monday in April, and on July 15th in each 
year, make out for each district or part of district in the township, 
a statement or exhibit of the exact condition of the account of 
such district or part of district, as shown by his books on April 
first and June thirtieth of each year; which statement or exliibit 
shall show the balance at the time of making the last ex'ubil, and 
the amount received since, up to the time of making the exhibit, 
and when and from what source received; and it shall also show 



MANUAL OF THE ILLINOIS SCHOOL LAWS. ' 77 

the amount paid out during the same time, to whom paid, and 
for what purpose, and shall be balanced, and the balance sliown. 
It shall be the duty of said treasurer to comply with any lawful 
demand of said trustees may make as to the verificatioi: of any 
balance reported by said treasurer to be on hand. The exhibit 
shall be subscribed and sworn to by the treasurer before any 
officer authorized to administer an oath, and shall then, by the 
treasurer, be, without delay, delivered or transmitted by mail to 
the clerk of the board of directors of the proper district. It shall 
be the duty of said clerk, upon receiving such exhibit, to enter the 
same upon the records of the district, and, at the next annual 
election of directors thereafter, to cause a copy to be posted up at 
the front door of the building where such election is held. 

July Reports — The importance and value of the reports re- 
quired by the above sections can be clearly seen. The reports 
required in April are important to the directors and to the tax- 
payers. The one due July 15 will aid the directors in making 
the lax levy for the next year's schools. The penalty for failure 
on the part of any treasurer, clerk of any board of directors or 
board of education to make the reports required in the preceeding 
sections is liable to a fine of not less than five tloilars nor more 
than fifty dollars. 

FAILURE — Sec. 17. For a failure on the part of the treasurer,, 
clerk of any board of directors, or any director, to comply with 
any of the requirements of the preceding sections of this article, 
he shall be liable to a penalty of not less than five dollars ($5) nor 
more than fifty dollars ($50), to be recovered before any justice 
of the peace of the county in which the oft'ense is committed. 

INTEREST — Sec. 18. When any order drawn for the payment 
of a teacher, is presented to the township treasurer for payment, 
and is not paid for want of funds, the .said treasurer shall make a 
written statement over his signature by an endorsement on such 
order, with date, showing such presentation and non-payment, and 
shall make and keep a record of such endorsement. Such order 
shall thereafter draw interest at the rate of seven per cent, per 
annum until paid, o-r until the treasurer shall, in writing, notifv 
the clerk of the board of directors that he has fun^ils to pay such 
order ; and of said notice, the said treasurer shall make and keep a 
record; after having given said notice, he shall hold the funds 
necessary to pay such order until it is presented for payment, and 
such order shall draw no interest after the giving of said notice 
to said clerk of the board. (Act amended April 24, 1899. In force 
July I, 1899.) 

Draw Interest — This section very definitely states when and 



/O MANUAL OF THE ILLINOIS SCHOOL LAWS. 

liow teachers' orders are made to draw interest, and is equally as 
•explicit as to when and how such orders cease to draw interest. 
It is scarcely necessary to say that these provisions must be com- 
plied with in all respects if the teachers and the districts desire 
to avail themselves of their rights under the law. 

Sec. 19. In addition to the foregoing requirements, it shall be 
the duty of the said township treasurer — 

First — To return to the county clerk of his county, on or before 
the second Monday in August each year, the certificate of tax levy 
made by each board of school directors in his township. 

Return Levy — Should the officer fail or refuse tO' return the 
dertificate of tax levy as provided in this clause, and the same is 
returned to and filed by the county clerk at a later date, the tax 
levied and extended under such certificate would be legal in effect 
the same as if returned on the date provided, but the tardy officer 
would be subject to a fine. 

Second — To pay, whenever he has funds in his hands belonging 
to the district, all lawful orders drawn on him by the board of 
directors of any school district in his township. 

Third — To collect, from the collector of taxes df the township 
and the county collector of taxes, the full amount of the tax levies 
made by the several boards of directors in his township. 

Fourth — To examine the official record of each school district in 
the township on the first Mondays in April and October of each 
year. 

Settlements — The statute makes it the duty of the township 
treasurer to inspect the records and the books of the boards of 
directors in his township on the first Mondays in April and 
October, and to this end it is the duty of these officers to maet 
the treasurer at his office on these dates that such inspections and 
settlements, as the law contemplates, may be made. Compliance 
with this part of the statute will prevent a deal of trouble, ill feel- 
ings and little differences and disputes which add nothing to the 
advancement of schools and educational interests. These semi- 
annual settlements do much to acquaint the officers and people 
with the financial affairs of their schools and tend to make people 
more watchful of their public interests. Some object to this on 
the ground that the law provides no compensation for the service, 
but such objection has no weight, for well do the officers know, 
or should know, what the law demands at their hands when they 
assume the duties. It is not necessary that all members of the 
board meet with the treasurer, for the clerk of the board can sub- 
mit the records, etc., and note the settlement, and the law permits the 
school boards to allow their clerks a reasonable compensation for 
their services. 

Argviment of the wisdom of this requirement is not needed, nor 
is it necessary to say that officers who are negligent of their duties 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 79 

as school directors place themselves in a position that subjects 
them to the penalty of the law. 

Fifth — To keep a correct account between the districts where 
pupils are transferred by directors from one district to another. 

Sixth — To give, upon the order of the trustees of schools, notice 
of the election of trustees, as required by law. 

Seventh — To cause to be published in some newspaper published 
in his county an annual statement of the finances of the township, 
as required by law. 

Publish Statement — It is the duty of the township treasurer 
to publish in some newspaper in the county a financial statement, 
showing the sources from which funds were received and for what 
paid out. The statement required should include the accounts of 
both the township and school districts. Such statements must be 
attested by the treasurer's affidavit. 

The law does not fix the date of publication, hence the officer 
may publish the same any time from the first of April to August, 
though we incline to the opinion that the better time would be in 
April or May. 

Ninth — To make, whenever a change has been made in the 
boundaries of a school district, a complete copy of the records of 
the trustees, a map of the township showing such change of 
boundaries, and an accurate list of the tax-payers in the newly 
arranged districts, and file the same with the county clerk within 
twenty days of the time such change was made. 

Tenth — To file and safely keep all poll-books and returns of 
elections which may be delivered to him under any provisions of 
this act. 

Eleventh — To receive and keep safely all moneys, securities, 
papers and effects belonging to the township or the school districts, 
which, by law are required to be deposited with such treasurer. 

RELEASE — Sec. 20. For any failure or refusal to perform all 
the duties required of the township treasurer by law, he shall be 
liable to the board of trustees, upon his official bond, for all 
dam.ages sustained, to be recovered by action of debt by said 
board, in their corporate name, for the use of the proper township, 
before any court having jurisdiction of the -mount of damages 
claimed; but if such treasurer, in any such failure or refusal,, 
acted Under and in conformity to a requisition or order of said 
board, or a majority of them, entered upon their journal and 
subscribed by them, then, in that case, the members of the board 
aforesaid, and not the treasurer, shall be liable, jointly and severally, 
to the inhabitants of the township for such damages, to be re- 
covered by an action of assumpsit in the 'name of the county 



80 MANUAL OF THE ILLINOIS. SCHOOL LAWS.. 

superintendent of schools, for the use of the proper townships. 
Provided, that said township treasurer shall be liable for any part 
of the judgment obtained against said trustee which can not be 
collected on acount of the insolvency of such trustees. 

Is Liable — Section twenty above seems to provide for the relief 
of school treasurers in certain cases, and no doubt in some feiv 
instances a treasurer might be protected under this law, but the 
chances are so meager that no treasurer is safe in taking the risk 
in matters that involve any great amount. A close review of the 
rulings of the courts as to the responsibility of school treasurers 
will reveal the fact that such ofificers will find but little relief under 
this or any other section of the statute. 78 111., 22; 99 111., 564;: 
24 111., App. (Smith) 231. 

SUCCESSOR — Sec. 21. Whenever a township treasurer shall 
resign or be removed, and at the expiration of his term of office,, 
he shall pay over to his successor in office all mcftiey on hand, and 
deliver over all books, notes, bonds, mortgages and other securi- 
ties for money, and all papers and documents of every description, 
in which the corporation has any lawful interest whatever. And. 
in case of the death of the township treasurer, his securities and 
legal representatives shall be bound to comply with the requisitions 
of this section, so far as the said securities and legal representa- 
tives may have the power to so do. And for a failure to comply 
with the requisites of this section, the persons neglecting or re- 
fusing shall be liable to a penalty of not less than ten dollars- 
($10) nor more than one hundred dollors ($100) at the discre- 
tion of the court before which the judgment may be obtained, to 
be recovered in an action of debt, in the name of the trustees of 
schools, before any justice of the peace, for the benefit of the school 
fund of the township : Provided, that the obtaining or payment 
of the judgment shall in no wise discharge or diminish the obliga- 
tions of the persons signing the official bond of such township 
treasurer. 

Resignation, Etc. — On removal, resignation or the expiration 
of the treasurer's term of office, the statute states what his duties 
are as to books, funds, papers, files, vouchers, etc., belonging to the 
township, and for a failure to discharge any of these duties he is 
liable to a fine of not less than ten dollars nor more than one 
hundred dollars. The payment of such fine would not in any way 
release him and his securities from liability on the bond. 

COMPENSATION — Sec. 22. The township treasurers shall re- 
ceive in full, for all services rendered by them, a compensation to 
be fixed prior to the election, by the board of trustees. 

Fixed Salary — The board of tru-stees and the township treasu- 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 81 

rers in some townships violate this section of the law, in that they 
fix the treasurer's pay as part salary and part commission on 
money received and paid out, or they fix his pay at a commission 
for all services. This is contrary to the laws. The salary 
should be fixed before the appointment is made at a stipulated 
amount, and should be in full for the services required by his 
office. 99 III, 564. 



82 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



ARTICLE V. 



BOARD OF DIRECTORS. 



§ 1. Board of directors in districts with 
less thar. l.COO inhabitants. 

§ 2. Board of directors a body politic. 

§ 3. Eligibility of school directors. 

§ i. Non-residence creates a vacancy. 

§ 5. Annual election and term of office. 

S 6. Election in new districts. 

§ 7. Vacancies. 

§ S. Notices of election. 

§ 9. Election in certain cases ordered by 
township treasurer or county super- 
intendent. 

S 10. Judges; postponement; election on 
any Saturday. 

§ U. A tie vote. 

§ 12. Delivery of the poi!-book, and filing 
the same; certificate. 

§ IH. Poll-book in union district. 

§ 14. Penclty for failure to deliver the 
poll-book. 

§15. Organization of the board. 

§ 16. Quorum. 

§ 17. Records. 

§ IS. Meetings. 



§ 19. Business to he done at a regular or 
special meeting. 

t> 20. President or clerk pro tempore; 

§ 21. Report of the organization. 

§ 22. Reports of statistics, etc. 

§ 2H. Not to be interested in school con- 
tracts. 

§ 24. Not to be interested in sale of school 
books, etc. 

§ 25. Liable to indictment and fine. 

§ 26. Duties defined. 

§ 27. Additional powers defined. 

§ 28. Orders on demand. 

§ 29. Orders in anticipation of taxes. 

§ BO. Liable for balance due teachers. 

§ 31. Vote of the district required to 
locate school sites, etc. 

§ 32. Compensation for school site. 

§83. Removal by the county superin '' 
tendent. 

§34. Funds paid out upon orders; form of 
order. 

§ 35. Transfer of pupils; separate sched- 
ules. 

§ 36. Directors collect amount due from 
transfer pupils. 



DIRECTORS — Sec. i. In all school districts having a popula- 
tion of less than one thousand inhabitants, and not governed by 
any special act in relation to free schools now in force, there shall 
be. elected in the manner hereinafter provided for, a board of 
directors, to consist of three members. (As amended by an act 
approved June i, 1889.) 

CORPORATE — Sec. 2. The directors of each district are 
hereby declared a body politic and corporate, by the name of the 

"school directors of District No , township No , range 

No , county of and State of Illinois," and by that 

name may sue and be sued in all courts and places whatever. 

Purpose — It is not necessary to discuss the pcv/ers of a school 
board at length, though it may be more important to speak of 
their duties. It is enough to say that the court in 78 111., 136, 
very clearly defines the powers of such corporations. "They are 
only intended to establish and maintain schools in their districts. 
They were not created to exercise any of the functions of govern- 
ment and therefore are not municipal in their nature or purpose, 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 83 

nor are thpy provided with the power to exercise the functions of 
government. Cities, villages and towns are endov/ed with such 
powers, and are created and maintained to aid in the government 
of the people. But not so with school districts. The sole object 
in creating them is to promote and bring about a general educa- 
tion of the people by providing good and sufficient schools to 
.accomplish the purpose. To do this the legislature has clothed 
them with sufficient power and defined their duties. School 
■directors should see to it that their schools are supplied with the 
necessary things with which the pupils can do the work. On this 
point we quote from State superintendent Raab's address and sug- 
_gestions to school directors of Illinois : 

"You are, nO' doubt, anxious that your teachers should do the 
best work possible in the schools under your charge. This cannot 
be done unless you will furnish your teachers the means with which 
to illustrate teaching, as well as tools with which to work. In 
many schools I find that these needful instruments of successful 
teaching are withheld from a mistaken notion of economy. In 
your own business you are careful to get the best tools and helps ; 
do not, I beseech you, expect of your teacher that they "make 
"bricks without straw." If judiciously expended, a small sum of 
money investel annually will go a great way, and insure better 
results than you are able to obtain without this expenditure. 

The very best we can do and give is just "good enough" for 
the children. 

Good and sufficient blackboards are essential to good work. 
When there are none such in your school, cause them to be made 
by engaging a painter who understands that business, or a regular 
blackboard maker. Blackboards, unless they be real slate, need 
to be reslated once in three years. This is a job that almost 
any one capable of wielding a brush can do. In connection with 
the blackboards, chalk, crayon and erasers are needed. These can 
"be had at slight cost. 

Foolscap paper, ink, pens, and penholders, lead pencils and slate 
■pencils may be purchased at the expense of the district, and a great 
saving of money not only, but also uniform and better writte-n 
work of the children will be the consequence. These supplies 
•can not be taken home bv the pupils, but should remain at school 
in the custody of the teacher. When needed for work they should 
be distributed and immediately after the work is done, they should 
be collected and taken care of by the teacher. 

Teachers should be held responsible for the economic use of these 
supplies and everything furnished by the board, not only because of 
the money value, but much m.ore for the sake of teaching the pupils 
"habits of economy and thrift. To allow the children to waste 
things is a great moral wrong, and the teacher who permits such 
wastefulness does not do his duty to the rising generation. 

Books of reference should be in every school. Under this head 
I may class a copy of Wbester's Unabridged Dictionary for the 
use of the teacher and one or several copies, according to the 



84 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

number of the children, of Webster's Condensed Dictionary, for 
the use of the more advanced scholars ; a Gazateer for the stud}^ 
of facts in geography, and an Encyclopedia for general informa- 
tion.. I do not quote prices, because I presume that you keep 
in touch with your county superintendent who will take pride in 
advising you promptly where such books can be purchased to the 
best advantagfe. 

To further the instruction in reading, penmanship and arith- 
metic, reading, penmanship and arithmetic charts are indispensable. 
A set of geographical outline maps, a map of Illinois and of 
your county, a globe and a slated globe are also indispensable. 
All these articles will last a number of years, and when they are 
once supplied and proper care is taken of them, need not be re- 
placed very often. In fact, it is not necessary to buy all of them 
at once; but if part of them is purchased every year, the burden 
will not fall heavily upon the district, and the hearts of the teachers 
and pupils will be gladdened from time to time. Thus a new 
impulse will be given in the several branches which they serve to 
illustrate. 

In conclusion, a word in regard to school libraries. The 
school is the proper agency to establish a library in country 
districts. The reading of good books exerts a silent educational 
influence upon the young. Out of 11,509 districts in Illinois,, 
only 1,782 report libraries in 1891, leaving 9,727 totally without 
that potent factor in education. When we consider that these 
1,782 libraries are kept in cities, towns and villages, it becomes 
clear that the people of the rural districts go almost entirely with- 
out the reading of good books. This is another cause, un- 
doubted, why the rural population is left behind in the race. 
Would it not be a glorious thing if the directors would assist the 
people of the country in the march of progress ? 

I do not wish the school directors to waste the people's money ; 
on the contrary, I desire to see a great outcome from a small 
expenditure. If you plow deep and sow good seed, a splendid 
harvest, not altogether to be measured by dollars and cents, must 
be the result." 

A board of school directors as a corporate body can bind their 
successors in office in contracts that are necessary, as the employ- 
ment of teachers whose term of contract may not end for one, 
two or three months after the election of a new board. A con- 
tract for more than one year is illegal and would not be binding 
on the successors in office ; neither would a contract made prior to 
the annual election for the next year's service. A contract made 
with a teacher prior to the April election for a term to commence 
after the election, is void and not binding, but if the term com- 
mences in the latter part of March or at any time in April before 
the election, and though it may continue, as stated, some two 
months or so after the election, such contract would be valid and' 
bind the successors in office. 8y 111., 255 ; 92 111., 293 ; 24 111., App, 
191. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 85 

To contract a debt legally, the debt must be for school purposes, 
and all the necessary conditions to empower or authorize the school 
board to contract the debt must exist. To build they must first 
liave a vote of the people, (male voters) and also in issuing bonds 
or the removal of a school house, to refund bonds, to purchase a 
site, to levy a tax to extend school beyond nine months, to enlarge 
a school house, are, all questions upon which the people must 
vote before directors can legally act upon them. 87 111., 255 ; 7 
la., 509; II la., 82. 

If the records do not show that a school district has been 
established, it may be shown by reputation. 54 Conn., 74. 

In questioning the legal right of a school district, the action 
must be direct. iii 111., 171. 

ELIGIBILITY — Sec. 3. Any person, male or female, married 
or single, of the age of twenty-one years and upwards, who is a 
resident of the school district, and who is able to read and write 
in the English language, shall be eligible to the office of school 
director: Provided, that no person shall be eligible to the office of 
■school director who is at the time a member of the board of school 
trustees. 

REMOVAL — Sec. 4. If any director shall, during the term of 
his office, remove from the district in which he was elected, his 
office shall thereby become vacant and a new director shall be 
elected, as in other cases of vacancy in office. 

DATE OF ELECTION S—Sqc. 5. The annual election of 
school directors shall be on the third Saturday of April, when one 
director shall be elected in each district, who shall hold his office 
for three years, and until his successor is elected. 

FIRST ELECTION — Sec. 6. In new districts, the first election 
■of directors m.ay be on any Saturday, notice being given by the 
township treasurer, as for the election of trustees, when three 
directors shall be elected, who shall, at their first meeting, draw 
lots for their respective terms of office, for one, two and three 
years.. 

VACANCIES — Sec. 7. When vacancies occur, the remaining 
director or directors shall, without delay, order an election to fill such 
vacancies, which election shall be held on Saturday. 

NOTICE — Sec. 8. Notices of all elections in organizecl districts 
■shall be given by the directors at least ten days previous to the day 
of said election. Said notices shall be posted in at least three of the 
most public places in the district, and shall specify the place where 
such election is to be held, the time of opening and closing of the 
polls, and the question or questions to be voted on. 



86 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Essentials — The law governing elections is a volume of itself,, 
and it will be enough to discuss the essential points involved in the 
election of school boards, and for voting upon other questions which 
the voters must pass upon before directors can act. To be eligible 
to the office of school director the person must be twenty-one years 
of age, a citizen of the United States, a resident of the State one 
year, and a resident of the school district at least. thirty days prior to 
the election day, and such notice shall state the time and place and 
the question upon which the people are called to vote. The statute 
does not say when the polls shall open or when they shall close. 
Boards should give ample time in which all may have an opportunity 
to vote. In rural districts the time is usually from one till four 
p. m. In cities and villages longer, according to population. 

Election Notice — Notice is hereby given, that on Saturday, the 

day of 1 . . . . , an election will be held at , 

in School District No , Township No , Range No .... in. 

the County of and State o flllinois, for the purpose of 

electing school director for said district. The polls 

will be open at . . . .o'clock . . m, and close at .... o'clock . . m. of 

said day. , President. 

, Clerk. 

Remark. — If more than one director is to be elected or any special 
propositions are to be submitted modify the form to suit. 

Note — The qualifications to entitle one to vote at a school election 
are the same as those required at any general election. There seems 
to be a prevailing opinion that if \ voter has resided in a district ten 
days, he may legally vote at a school election. Another erroneous 
idea, which is quite general, is that the place where a voter has his 
washing determines his residence and voting place. The law says 
thirty days in the voting district or precinct. By district is meant 
any given territory that is authorized to hold elections and elect of- 
ficers for itself as a school district or a ward in a city or a village 
corporation, even though the territory constituting the district may 
be small and the office minor, the one statute governs. There are 
instances where the voter boards in one election district, sleeps in an- 
other, and secures his washing in another, all of which, especially 
the latter, have little to do with deciding the rights of the voter. 
There must be something more tangible than the question of wash- 
ing, etc., when deciding upon the voter's rights. 

Must Be SwcmN — The judges and the clerk of the election must 
be sworn before opening the polls. If there is no one present 
authorized to administer an oath, then the judges and clerk swear 
each other. 

Who May Call Election — The county superintendent or the 
township treasurer may call an election in a district, or if there is 
one director he may call an election to elect members of the board, 
but elections to vote on special propositions must be called b} the 
board of directors and by no other persons. 

The law says that regular and special elections for the elections 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 87 

of members must be held on Satitrda}^ but special elections for the 
purpose of voting upon special questions may be held on any week 
day. 

Adding Branches — The question of addmg other branches to 
the course of study other than those prescribed by law, or prescribed 
by the school board, may be voted upon by the people. As an ex- 
ample "Astronomy" is a branch which the law authorizes the people 
to vote upon. A branch so voted in by the people can not be put 
out by the school board, neither can the people vote out a branch, 
put in by the board. 

Polls Open — The polls must be kept open until the hour lixedi 
by the notice, and when closed that ends the right of all to vote. 
The polls can not be reopened and a new vote taken, and it would 
be illegal to reopen the polls to receive other votes. 58 Vt. 694. 

Vote of no Force — Such questions as employing a teacher, buy- 
ing seats, purchasing school supplies and similar questions are mat- 
ters that belong to, and is the duty of the school board to decide 
upon. Hence a vote of the people on such questions has no legal 
force. 56 Vt. 556. 

Fill Vacancy — The law contemplates that, when a vacancy oc- 
curs in a board of directors or in a board of trustees, a special elec- 
tion will be ordered to fill such vacancy. A failure or refusal to fill 
such vacancies deprives the schools and the districts of the benefits 
to be derived from full boards. 

Postpone Election — At an election for the election of a direc- 
tor, if the directors present and acting as judges of such election,; 
deem it to the best interest of the district they may postpone such 
election, or when duly organized the voters, present, for the same 
reason, may postpone the same. The adjournment must be taken 
in a regular way, and not informally. An informal adjournment 
would not legally prevent, or interfere with the right of voters who 
might come together later, at the place, and organize and hold such 
election, provided that the hour of closing the polls as set forth 
in the notice for the election that day has not expired. 

Adjournment — When an adjournment is taken the officers 
should post a notice of the same at the place of meeting. If the no- 
tices of the election have not been up ten days, as required by law, 
an adjournment till the following Saturday will not cure the defect. 
20 111., 474. 

Contest — An election for school director may be irregular and 
illegal, but if the election officers make up the returns and file them 
v/ith the township treasurer he must receive and file them. He is 
not a judicial officer; therefore he has no legal authority to pass 
upon the validity of the election or the returns. Such questions 
must be settled by the cotmty court on contest, or writ of quo war- 
ranto. 

Returns — Poll books and ballots must be returned to the treas- 
urer within ten days, and for a failure to make such returns the per- 
sons so failing are liable to a fine not less than $25, nor more than 



88 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

'$ioo. Such failure to make returns does not deprive the person or 
persons elected at such election of their offices. The poll book filed 
with a treasurer or a county superintendent is evidence of the elec- 
tion. If such book is destroyed or lost, other evidence may be 
taken to show the election. The evidence of a poll book may be re- 
butted. 

Election boards must make up the returns and seal up the ballots 
before the election officers depart, as they cannot come together at 
another time and complete the work. 177 ill., 185. 

WHO MAY ORDER— Sec. 9. Should the directors fail or re- 
fuse to order any regular cr special election, as aforesaid, it shall be 
the duty of the township treasurer to order such election, and if the 
township treasurer fails to do so, then it shall be the duty of the 
county superintendent to order such election of directors witiiin ten 
days, in each case of such failure or refusal, and the election held in 
pursuance of such order shall be valid, the Sc.me as if ordered by the 
directors. 

JUDGES— Sec. 10. Two of the directors ordering such election 
shall act as judges, and one as clerk of such election. But if said 
directors or any of them shall fail to order an election, to attend, or 
shall refuse to act when present, and in all unorganized districts and 
in elections to fill vacancies, the legal voters when assembled shall 
choose such additional members as may be necessary to act as two 
judges and a clerk of said election: Provided, that if upon die day 
appointed for said election, the said directors or judges shall be of 
opinion that, on account of the small attendance of voters, the \mh- 
lic good requires it, or if the voters present, or a majority of them, 
shall desire it, the}' shall postpone said election until the next Satur- 
day, at the same place and hour, when the voters shall jiroceed as if 
it were not an adjourned meeting: And. provided, also, tliat if 
notice shall not have been given as above required, then said election 
sliall be or.'lcred as aforesaid and holden -.m any Saturday, r.otice 
tlifcvcc^f biMng grvon, as aforesaid. 

To Fill A^'VCancies — In the matter of calling elections to till 
vacancies in "union" districts, if the directors fail or refuse to order 
such election the township treasurers may join in calling the same, 
or one of the treasurers may legally act. In case the township treas- 
urers fail to order the election, the county superintendents of the 
counties in which a part of the district is situated may join in order- 
ing an election to be held, or one of such county superintendents may 
give notice that an election will be held in such district for the pur- 
pose of electing directors. 

TIE. — Sec. II. In case of a tie vote, the judges shall decide it by 
lot on the day of the election. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 89 

'Must Vote by Ballot — The vote on any and all questions must 
"be by ballot, and the ballot must conform to the notice. All questions 
must be upon one ballot. Questions not submitted in the election 
notice cannot be voted upon legally. If the vote for director is a 
tie, the judges must decide the election. If not so decided, there 
must be a new election. In an election on other questions, the prop- 
osition is lost en a tie vote. 

RET URA^— Sec. 12. Within ten days after every election of di- 
rectors, the judges shall cause the poll-book to be delivered to the 
township treasurer, with a certificate thereon showing the election 
■of said directors and the names of the persons elected ; which pcll- 
iDook shall be filed by the tov/nship treasurer, and shall be evidence 
■of said election. 

UNION DISTRICTS— Sec. 13. In cases of a union district, 
made up of parts of two or more townships, the poll-book shall be 
returned to the township treasurer who receives the tax money for 
s.iid district. 

PENALTY — Sec. 14. For a failure to deliver the poll-b-ook 
Avithin the time prescribed, the judges shall be liable to a penalty of 
31 ')t less than twenty-five dollars ( $25 ) nor more than one hundred 
dollars ($100) to be recovered in the name of the People of the 
State of Illinois, by action of assumpsit, before any justice of the 
j>eace of the county, which penalty, when recovered, shall be added to 
i ")wnship school fund of the township. 

ORGANIZATION— Sec. 15. The directors, within ten days 
a^ter the annual election of the directors, shall meet and organize by 
appointing one of therr number president, and another of their 
number clerk of such board of directors. 

QUORUM — Sec. 16 Tv/o directors shall be a quorum for busi- 
ness. 

RECORDS — Sec. 17. The clerk of such board of directors shall 
keep a record of all the official acts of the board in a well-bound book 
1. iovided for that purpose, which record shall be signed by the presi- 
dent and clerk, and shall be submitted to the township treasurer for 
liis inspection and approval on the first Mondays of April and Oc- 
tober, and at such other times as the township treasurer may require. 

MEETINGS — Sec. 18. The board of directors shall hold regulat- 
meetings at such times as they may designate ; and they may hold 
special meetings as occasion may require, at the call of any two 
members. 

ILLEGAL BUSINESS— Sec. 19. No official business shall be 
transacted by the board except at a regular or special meeting . 



90 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

PRESIDENT AND CLERK— Sec. 20. If the president or clerk 
be absent from any meeting, or, being present, refuses to perform his 
official duty, a president or clerk pro tempore shall be appointed. 

REPORT — Sec. 21. The clerk of each board of school directors 
shall report to the township treasurer or treasurers of the proper 
township or townships immediately after the organization of the 
board, the names of the president and clerk of such board. 

REPORT OF ORGANIZATION OF DISTRICT BOARD. 
To 

Treasurer of T . . . .R ... .County of Illinois. 

The School Directors of District No. ... in your Township met 
as required by law, and appointed one of their number President and 
another Clerk of the Board of Directors ; to-wit : 

President. P. O. Address 

Clerk. " " 

Director. " " 

The above is a correct report of the Organization of the District 
Board of Said District as now organized. 

Clerk of the Board. 

REPORT OP STATISTICS— Sec. 22. On or before the 
seventh day of July, annually, the clerk of each board of directors 
shall report to the township treasurer having the custody of the 
funds of such district, such statistics and other information in rela- 
tion to the schools of his respective district as the township treasurer 
is required to embody in his report to the county superintendent, and 
the particular statistics to be so reported shall be determined and 
designated by the State Superintendent of Public Instruction, or by 
the county superintendent. 

Organization — Boards of directors should meet and organize 
and fix a date for regular meetings which would be presumed to be 
at the school house if no other place is named. While the school of 
the district is in progress the board should hold monthly meetings, 
and such special meetings as may be for the interest of the school and 
the public business. 

All school boards should keep a full and complete record of all 
their acts and business. The experience of the writer is that a fail- 
ure to keep such records, or to keep them in a clear and business like 
way is the source of more trouble, discussions, and law suits, than 
any other two or three things connected with the school district 
system. A clerk should be paid for doing his work well, and the 
boards should see that iie performs this duty in the manner contem- 
plated in the law. When the records are properly written up, the 
IDresident and the clerk of the board should sign the same. 

Must Meet — All official business of a school board must be trans- 
acted at a regular or a special meeting of the board, duly and prop- 
erly called. Properly means that all the members must have notice 
of the meeting. It is scarcely nec&ssary to say that corporate bodies 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 91 

can net bind the corporation v/hen the members of the board act 
separately and individnally. The law will not permit officers to act 
otherwise than as it points out. 

NOTICE FOR SPECIAL MEETING OF DIRECTORS. 



To 

You are hereby notified that there will be a special meeting of the 

school directors of district No , Township No Range No. 

.... at on the .... day of , at the hour of ... . o'clock: 

. . . .m., to attend to the following business : 

President. 

Remark — The notice may be given by two members. 

FORBIDDEN — Sec. 2^. No director shall be interested in any 
contract made by the board of which he is a member. 

Rigid Court Ruling — This embraces every contract whether ex- 
pressed or implied, by virtue of which money can be drawn from 
the treasurer ; and it cannot be evaded by appropriations Or payments 
for material furnished or labor performed for the benefit of the dis- 
trict, on the pretext that they were performed or furnished without 
any contract, but being beneficial to and enjoyed by the district, 
ishould be paid for as a matter of justice. Both the letter and the 
spirit of the law forbid that directors shall, in any wise, whether 
directly or indirectly, openly or covertly, become interested ir. de- 
mands or claims originating while they are directors, to be satisfied 
by payments from the funds of their school districts ; and the con- 
struction must be rigidly enforced by the cou,rts, without regard 
to the moral or equitable consideration that may urge a different 
policy in particular cases." 85 111., 338. 

Not A Violation of Law — It is not in violation of law for a 
director to apply to a board of which he is a member and receive 
a permit to send his child to another district, if the reasons are 
such as to show that he is not properly provided with school in 
the home district on account of distance or bad roads. 

No Pay as Judges of Election — It is the duty of directors,, 
members of boards of education, and trustees, to act as judges 
and clerks of school elections, and for such service they are not 
allov/ed pay from any school fund. If they fail or refuse to act, 
and other persons act in their stead, no board of directors, board 
of education, nor trustees has any right to appropriate school funds 
to pay for such services; it is in violation of law, and the oiiicers- 
making such appropriations may be made to cover the money back 
into the fund from which it was taken. 

NOT INTERESTED— Sec. 24. No director shall be interested 
in the sale, proceeds or profits or any book, apparatus or furni- 
ture used or to be used in any school in this State with which he 
may be connected. 

PENALTY — Sec. 25. Any person offending against the pro- 
visions of the two preceding sections shall be liable to indict- 



■92 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

ment, and, upon conviction, shall be fined in an}' sum not less 
than twenty-five dollars ($25) and not more than five hundred 
dollars ($500), and may be imprisoned in the county jail not less 
than twelve months, at the discretion of the court. 

Employing Minor Child — Sections 23 and 24 above are very 
explicit and should be well followed by the members of all school 
boards. To employ as teacher one of the minor children of a 
director, to teach in the district, is a violation of' the law, if the 
parent (dn-ector) can legally control the pay. A director is not 
permitted to teach in a district in which he is a director. It is un- 
lawful for an outside party to take a contract to do work for the 
district, or furnish fuel, etc., and then for a director to do the 
work, or assist in doing it, or furnishing fuel, etc., and then share 
in the money. 85 111., 528. 

Illegal Sale — In a case where a director sold to his district 
a school site, it was held that he could not recover. It has also 
been held that where a director furnished money with which to 
build a school house in his district, he could not legally recoveT 
his money. 54 111., 338. 

Insurance — School boards should see that the school houses 
and property under their control are at all times properly insured 
in reliable companies.. The insurance should be written in the 
name of the trustees for the use of the district. A member of 
the board acting as agent for an insurance company is not 
authorized to insure the property of his school district. 85 111., 
338. 

DUTIES — Sec. 26. It shall be the duty of the board of direc- 
tors of each district — 

First — At the annual election of directors to make a detailed 
report of their receipts and expenditures to the voters there 
present, and transmit a copy of such report to the township treasu- 
rer within five days from the time of said election 

Second — To report to the county superintendent, within ten 
dav? after their employment, the full names of all persons em- 
ployed as teachers, the date of the beginning and the end of their 
contract. 

No! ice — This statute makes it the duty of all school boards, 
v.'hen employing a teacher or teachers to report the names of such 
teach(-rs to the county superintendent, and to the end that the 
reports may be helpful to the county superintendent, the notice 
should state the number of months for which the teacher is em- 
ployed, the date when the school will commence and the amount 
• of salary per month. This information is most needful to the 
-county superintendent when aranging his plans for visiting the 
schools of his county. To us experience has shown these reports 
A'ery helpful to the officer when making his annual report to the 
'State department. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



93: 



NOTICE OF TEACHERS EMPLOYED. 

To the County Superintendent of County, lU.s 

In compliance with the requirements of law (Art. V, Sec. 26) 

the Board of Directors of District No , Town , Range 

hereby notify you that the said Board employed the person 
herein 'named to teach in the school of said district for the term 

of months, commencing 

T;v order of the Board of Directors. 

Clerk. 

Name of teacher, Address Salary 

Third — To provide for the necessary revenue to maintain free 
schools in their district in the manner provided for in article VHI 

of this act. 

/7o,rr^/i— When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collectors 
of said townships, and the collector or collectors of the county or 
.counties in which said townships lie, in writing, under their hands 
as cUrectors, which of the treasurers of the townships from which 
their district is formed shall demand and receive the tax money 
collected by the said collector as aforesaid. 

The location oi the house should govern in deciding as to which 
treasurer should have the custody of the funds where a district is 
con-posed of territory lying in two or more townships. The 
credit of the school is given to the tov/nship in which the school 
house is located, hence the funds should be received and paid out 
by the treasurer of the township and the re-ort pertaining to the 
school should be made by the trustees of tliat township to the 
county superintendent. 

fifth— To establish and keep in c^eration for at least one hun- 
dred and ten (no) days of actual teaching in each year, without 
reduction by reason of closing school on legal holidays, or for any 
other cause, and longer if practicable, a sufficient number of 
schools for the accommodation of all children in the district over 
the age of six (6) and under the age of twenty-one (21) years, 
and shall secure for all such children the right and opportunity to 
equal education in such free schools. 

AMENDMENT— By virtue of an Act approved April 21, 1899, 
in force July i, 1899, this clause is so amended that it is to be reai 
"six months" instead of one hundred and ten days." See Sec. i,. 
Article VIII. 

Sixth— To adopt and enforce all necessary rules and regulations 
for the management and g-ovenrment of the schools. 

Se%'enth—To visit and inspect the schools from time to time as 
the good of the schools may require. _ . _ 



S4 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Eighth — To appoint all teachers and fix the amount of their 
salaries. 

Make Rules — It is the duty of the school board to make and 
enforce all necessary rules that may aid in the success of the 
schools, and it is the duty of the teacher to enforce such rules and 
regulations, or so much thereof as relate to him and his part of 
the work and his position as teacher. 

If the board fails to adopt any rules, those which the teacher 
may adopt from time to time for the government and management 
of the schools hold good. ii 111. App. Brad., 382; 17 111. App. 
Brad., 386; 16 Mass., 365. 

Books and Suspension — If parents are able to- supply their chil- 
dren with the necessary books, etc.. for study, it is their duty to do 
so. The laws in most States, give school boards authority to refuse 
pupils admission to the schools, if the parents fail to provide them 
with proper books for die classes. 2 111., App. 594; 108 Ind., 31. 

Night Schools — School boards are authorized to establish 
and maintain night schools for those who have grown up and 
have not acquired the rudiments of a public school education, and 
are so situated that they are obliged to labor through the dav. 
These schools are to be maintained for this class of pupils who 
are between the ages of fourteen and twenty-one years. This is 
not to be construed so as to admit to the night schools those over 
fourteen years of age, and who can attend the day school. The 
school is expressley for those who cannot attend the day sessions. 

Power to Adopt Rules — "School boards have the power, and 
it is their duty, to adopt and enforce rules and regulations for the 
government and management of their schools. Such rules must 
b)e reasonable and calculated to promote the interest of the pupils 
and the objects of the lav/." 71 111., 567. 

Question of Lav; — What is a reasonable rule is a question of 
law, and we do not hesitate to declare that a rule that would bar 
the door of the school house against little children who come from 
a great distance (olie and one-half miles) in the cold winter, for 
no other reason than that they were a few minutes tardy, is un- 
reasonable and therefore unlawful. In its practical operation it 
amounts to little less than wanton cruelty." 63 111., 350. 

Subordinate to Board — "While the principal or teacher in charge 
of a public school is subordinate to the school board or board of ■ 
education of his district or city, and must enforce rules and regu- 
lations adopted by the board for the government of the school, and 
execute all its lawful orders in that behalf, he does not derive all 
lits power and authority in the school and over the pupils from 
the affirmative action of the board. He stands for the time 
being in loco parentis to the pupils, and, because of that relation, 
he must necessarily exercise authority over them in many things 
concerning v/hich the board may have remained silent." 45 Wis., 
150- 53 Conn., 481; iii Ind., 472. 

A Question for the Court — While in a general way the rules 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 95 

for any particular school will depend upon the pecuhar circum- 
staiices and is in the control of the local officers. There are 
some rules which seem to be of a universal nature in application 
and usage and have become a law of custom or usage and must 
be followed. 

It has been held by the courts that whether or not a rule is 
reasonable is a question of law for the court to decide and not 
one of fact to be determined by a jury. 63 111., 350; 48 Vt., 473. 

Not Interfering — Any rule for the school, not interfering 
with the rights of children or parents, or in conflict with humanity 
and the precepts of Divine law, which tends to advance the object 
of the law in establishing public schools, must be considered 
Toascnable and proper. 31 la., 562. 

Vaccination — The power to enforce a rule requiring pupils to 
be vaccinated before they are admitted to the school, has rot 
been delegated to a school board nor to the State Board of Health. 
On several occasions such a rule has been promulgated, and school 
boards paid the expense for vaccinating the pupils of the school. 
Tliis was an illegal use of the school funds. 167 111., 67; 177 III., 
572. 

Tobacco in School — Directors of public schools have the right 
to make and enforce rules and regulations against the use of tobacco 
in any form in and on the school premises. 

Accidental Damages — School boards cannot enforce a rule re- 
quiring pupils to pay for accidental damage or breakage of school 
p^-operty. Where the damage is -not intentional, if the pupii 
refuses to pay, neither the school board nor the teacher could 
legally impose a punishment. 

By an accident and without any evil purpose a pupil broke a 
window glass. The rule requires him to pay the damage done. 
and in default thereof authorizes the directors to exclude him fiom 
school. We may adm.it that he ought to pay the damages and is 
liable therefor. But we tliink his omission to perform this duty 
cannot be punished by his expulsion from the school. The StaLe 
does not deprive its citizens of their property, or libertv, 01 of 
any rights, except as a punishment for a crime. It would be 
very harsh and obviously unjust to deprive a child of education 
for the reason that through accident and without intention of wrono- 
he destroyed property of the school district. Doubtless i ci.'ikl 
may be expelled from school as a punishment for a breach of 
discipline or for offences against good miorals, but not for Innocent 
acts." 

'Tn this case the plaintiff was expelled not because he broke the 
glass, but because he did not pay the damage sustained by the 
break-. His default in this respect was no breach of good order 
or good morals. The rule requiring him to make payment is not 
intended to secure good order, but to enforce an obligation to pav 
a sum of money." 

"We are clearly of opinion that the directors have no authority 
to promulgate or enforce such a rule." 56 la., 479. 



96 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Power' Defined — In Illinois the Supreme Court holds that ex- 
pulsion is not designed as a means of punishment ; and that school 
boards can expel only for disobedient, refractory or incorrigiblx'^ 
bad conduct, after all other means have failed. 07 111., ^75; Hj 
lli., 567- 

Ninth — The directors shall direct what branches of study shall 
be taught, and what text books and apparatus shall be used in the 
several schools, and strictly enforce uniformity of text books there- 
in, but shall not permit text bocks to be changed oftener than once 
in four years, but shall prohibit such change. 

Cannot Contract — School boards are authorized to prescribe 
text books for the use of the schools under their control, and shall 
ncL permit them to be changed for four years. This nde of law 
■does not apply to books that have been in use by the school for 
four years or more. Boards cannot prescribe che books for 
further use and thereby bind their successors. The board, at any 
time after the four years, may prescribe other books. In pre- 
scribing books for the school, a board has no authority to make 
a contract with a book firm or publisher to use a book for a 
rtated number of years. Such contracts are unauthorized by law 
•And are not binding on the corporation. The statute does not 
authorize school boards nor similiar quasi corporations to bind the 
nr.micipalities by such acts. The Supreme Court of Kansas in a 
recent decision in a case in which these points were involved said : 
"A school board is without the power to make such contracts, and 
if n.iade are void." ^2 Pacific Reporter, 478. 

It is not to be understood that in prescribing a book, that it 
must be used for four years to the exclusion of all others on the 
subject. The board may prescribe others as supplementary. 

A board has the right to reconsider an order, prescribing a book 
for use in the schools, so long as the order has not been pronml- 
gated and the people ordered to comply. 

If a school board fails to prescribe a book for use in the schools, 
and they silently permit the book to remain in use two or three- 
years, then they cannot bind their successors by adopting a reso- 
lution prescribing the book for an additional four years. By their 
action or "inaction" they have permitted and recognized the book, 
and though their records show no evidence of any order prescrib- 
i'lg the book, the presumption is that the book found its way into 
t;:e school through the authority of the board. 

C.-VNNOT CHAi."^-E BooK — "This was a proceeding bv niandanuis 
in this court, the petition, being filed in the name of the People of 
the State of Illinois, on the relation of W .S. Mack, against the 
board of education of school district No. 5, township No. 38 north, 
range No. 8 east of the third principal meridian, in Aurora, Illinois, 
to prohibit the use and introduction in any of the schools of said 
district of the books of the Sheldon system of writing for a period 
of four years from June, 1895, and to prohibit for such period the 
introduction or use in such schools of any other books for the ver- 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 97 

ticai system of writing than books for the system known as "Mer- 
rill's Vertical Penmanship." *=(=** * ''The principal ques- 
tion presented by the petition, answer and demurer is, does the 
statute prohibiting the change of text-books oftener than once in 
four years apply to boards of education in school districts having 
mere than looo inhabitants? * * *. .Are the books in question 
text-books, within the meaning of the statute? The petition de- 
scribes the books in question "as a system of text-books consisting 
of twelve graded writing or copy-books, with printed forms and 
text, scientifically arranged with printed instructions to the pupils 
in each book and with a manual of instruction for the teachers."' 
This description is not denied in the answer of the respondent, but 
it denies that they are text-books. Penmanship is "one of the 
branches of education" required to be taught in the public schools. 
A teacher, to receive a certificate, must, upon due examination, be 
found qualified to teach- penmanship. (Hurd's Stat. 1889, Sec. 
3, p. 1243). In determining whether the books are text-books, 
within the meaning of the law, it will be necessary to inquire what 
text-books are. Webster defines a text-book as "a book or 
manual used in teaching; a book for students,. containing the prin- 
cipals as a science or branch of learning." Stormouth's Pro- 
nouncing Dictionary defines a text-book to be "a book to be used 
as a standard book for a particular branch of study, for the use 
of students." The books here in question come within the difini- 
tion given by Webster. They are books used in teaching pen- 
manship. The books must be considered with reference to the 
particular branch of study for which they are designated. Rules 
for instruction in penmanship are necessarily simple. The books 
described in the petition as "twelve graded writing or copy books, 
with printed forms and texts, scientifically arranged, with printed 
instructions to the pupils in each book, and with a manual of in- 
struction for the teachers" must be regarded as text-books for 
penmanship. The books for instruction in arithmetic, or Greek, 
or Latin are books of very different character, but still are text 
books applicable to the particular branch of study for which the 
author designed them. These books being for teaching of pen- 
manship meet, in our judgment, the requirements of a text-book. 
We are of opinion that a peremptory inaudainus should issue, as 
praved for in the petition of the relator, and is therefore ordered." 
375' 111., 9. 

Not to Exclude Branches — The directors, the people, nor the 
instrustors have any right to exclude any of the branches named 
in the law, but it is not to be understood that all such branches 
shall be in the school at the same time. It is the intention of the 
hw that the school boards shall arrange for such of the branches 
to be taught that any and all pupils who are prepared for the study, 
and wish to pursue it, may do so. It is the duty of the board to pro- 
vide the district with a school or schools so that every child as he 
becomes fitted, shall have an opportunity of receiving instruction 
in the branches which the law has expressly named. The directors 

7 



98 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

or the voters may add other branches to the course of study, but 
branches so added can only be put out by the powers that put 
them in. 

Can Classify — The board is authorized to classify the pupils, 
f,x the time to be devoted to each, and when and in what part of 
tile term different branches shall be taught. The board is 
authorized to say in what order the branches shall be taught. 
Pupils must take up the studies as prescribed in the course of 
study, unless objections are made by the parents in good faith and 
honest motives, then the parent shall be allowed to select from the 
prescribed course such branches as they may wish their children 
to study, and for the study of which the children are fitted. 

Modern Languages — Boards of education and many who are 
elected from time to time to serve on school boards are often in 
doubt as to the right and power of school beards to include the 
IJodern languages in the course of study. On this point the 
court has ruled that under the statute school boards, or the people 
of the district, may provide for the teaching of these studies in the 
public schools. 92 111., 612; 30 Mich., 69. 

Graduates — Pupils who are under twenty-one years of age who 
are graduates of the school in their district, have the right to at- 
tend the school after such graduation for the purpose of review- 
ing any of the studies in the prescribed course. If there are 
studies in which they have not graduated they have a right to take 
up such as they may elect. 

Choice of Studies — The Wisconsin Supreme Court calls atten- 
tion to the fact that the modern tendency of opinion is toward 
holding that the school is for the child, not the child for the 
school, and held thus : 

"The defendant wished his boy, about twelve years old, to study 
orM"iOgraphy, reading , writing, and also wished him to give par- 
ti carular attention to the subject of arithmetic, for very satisfac- 
tory reasons, which he gave on trial. In addition to these studies 
the plaintiff' at once required the child also to study geography, 
and took pains in aiding him to get the book for the purpose. 
The father on being informed of this, told the boy not to study 
geography, but to attend to his other studies, and the teacher was 
properly and fully advised of this wish of the parent, and also 
knew that the boy had been forbidden by his parent from taking 
the study at the time. But claiming and insisting that she had the 
right to direct and control the boy in his studies even as against 
the father's wishes, she commanded him to take his geography and 
get his lesson. And then the boy refused to obey her, and did as 
he was directed by his father. She resorted to force to compel 
obedience. All this occurred the first week of school. * * * 
Under the circumstances, the plaintiff had no right to punish the 
boy for obedience to the commands of his father in respect to the 
study of geography. She entirely exceeded any authority which 
the law gave her, and the assault upon the child was unjustifiable." 
35 Wis.. 59. 

May Enter Grade — If a pupil wishes to entc a high school, 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 99 

■and he is fitted to pursue all the branches which he desires to study, 
he may not legally be refused, on the ground that some branch or 
branches are in the course, which he is not fitted to take up, provided 
that such branches are in no w ay connected with those he has elected 
to'pursue. 

A boy had omitted on acocunt of ill-health, the study of grammar. 
■On application was admitted to a high school. The teachers discov- 
ered that he was deficient in this study, and they required him to 
pass an examination for it. Not complying he was expelled. A 
jnandamus was issued to compel the directors to admit him again. 
The directors took an appeal, and the supreme court affirmed the de- 
■cision of the lower court, in the following language : 

"No parent has the right to demand that the interests of the chil- 
'dren of others shall be sacrificed for the interests of his child, and he 
cannot, consequently, insist that his child shall be placed or kept in 
particular classes, when by so doing others will be retarded in the 
advancement they would otherwise make, or that his child shall be 
taught studies not in the prescribed course of the school, or be al- 
lowed to use te.xt-book different from that decided to be used in the 
school or that he shall be allowed to adopt methods of study that 
interfere with others in their study. * * * * =i= The policy 
of our law has ever been to recognize the rights of the parent to de- 
termine to v/hat extent his child shall be educated during minority, 
presuming that his natural affections and superior opportunities of 
knowing the physical and mental capabilities and future prospects of 
his child will insure the adoption of that course which will most ef- 
fectually promote the child's welfare. The policy of the school law 
is only to withdraw from the parent the right to select the branches 
to be studied by the child to the extent that the exercises of that right' 
would interfere with the system of instruction prescribed for the 
school, and its efficiency in imparting education to all entitled to 
share in its benefits. No particular branch of study is compulsory 
upon those zvJio attend school:' 87 III, 303 ; 79 111., 567 ; 35 Wis., 59. 

Do Not Apply — The foregoing decisions clo not apply to the law 
as it stands now as to physiology and hygiene. 

Strong Language — "In our opinion, there is a great and fatal 
error in this part of th t charge, in asserting or assuming the law to 
"be that upon an irreconcilable difference of views between parents 
and teachers as to what studies the child shall pursue, the authority 
of the teacher is paramount and controlling. We do not understand 
that there is any recognised right to prescribe and dictate zuhat stud- 
Aes the child shall pilrsue, regardless of the views or wishes of the 
parents. From what source does the teacher derive his authority? 
Ordinarily, it will be conceded, the law gives the parent the exclu- 
sive right to govern and control the conduct of his minor children ; 
it is one of the earliest and most sacred duties taught the child to 
know and obey his parents. The situation is truly lamentable, if 
the condition of the law is that he is liable to be punished by the 
parent for disobeying his orders in regard to his studies, and the 
teacher may lawfully chastise him for not obeying his parents in that 
particular." 35 Wis., 59. 

LoFC. 



100 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Branches in Course — It seems to be accepted in most of our 
States and so held by the courts, that a pupil can study no branch 
which is not in the course of study prescribed by the school board in 
pursuance of law. It is also quite well settled that the pupil can 
study no branch of the prescribed course for which he is not fitted 
or prepared, of which preparation the teacher and the school board 
shall judge. It is generally held that under the present law, pupils- 
shall study the particular branches of the prescribed course, unless 
honest objection is made by the parents. If objection is made in 
good faitii, parents shall be allowed to select from the prescribed 
branches of the course for which their children are fitted those which . 
,they wish them to study ; and for the exercise of such right of 
choice the children shall not be liable to suspension or expulsion."'^ 
It must be observed that the rules do not apply to the §tudv of 
physiologv and hvgiene as provided for in an "Act," in force July i, 
1897. 

General Exercises — In this connection it may be well to say 
that school boards have the right and the power to enforce a rule 
requiring 'A\ pupils to take part in "general exercises"' such as letter 
writing, composition work, and reciting quotations, etc., and all com- 
ing under the rule must comply, or subject themselves to the power 
of the board. It can not be urged that in such "general exercises,"' 
the pupils or the parents have the right to elect. Composition may 
be required by all, and a girl might be expelled for refusing to de- 
claim, even though her father had conscientious scruples against 
females speaking in public." 32 Vt., 224; 59 N. H., 473 ; 35 Wis., 59. 

"A pupil for persistent failure to have at the proper time, his 
rhetorical exercises, was expelled. Suit was brought for one thous- 
and dollars damages. The decision of the lower court was affirmed 
that there was no cause of action, and defendant was allowed the 
cost of prosecution. 29 Ohio, 89. 

However judicious it may be to consult the wishes of parents, 
the disintegrating principle of parental authority to prevent all' 
classification and destroy all system in any school, public or private, 
is unknown to the law. 59 N. H., 473. 

Tenth — The directors shall have power to purchase, at the expense 
of the district, a sufficient number of the text books used to supply 
children whose parents are not able to buy them. The text books 
bought for such purpose shall be loaned only, and the directors shall' 
require the teacher to see that they are properly cared for and re- 
turned at the end of each term of school. 

Directors and Boards Authorized — Under an "Act" in force 
July I, 1897, providing for the study of Physiology and Hygiene in 
the grades, it is held that directors and boards of education are au- 
Ithorized to purchase text-books for the use of the pupils, that the 
subject mav be taught as the law contemplates. 

i Eleventh — The directors shall, on or before the seventh day of 
July, annually, deliver to the township treasurer all teachers' sched- 
ules made and certified as required by the provisions of article VII 
of this act, covering all time taught during the school year, ending" 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 101 

June 30th, and the directors shall be personally liable to the district 
for any loss sustained by it, through the failure of the directors to 
examine and so deliver such schedules within the time fixed by law. 

Directors File Schedules — If a board of directors or board of 
•education fail or refuse to file the schedules of their schools as di- 
rected by law, the board of school "trustees are not warranted in dis- 
tributing any of the public funds to such districts, and the directors 
.are personally liable for all loss to the districts. 

Tzvelfth — The directors shall not pay out any public money to any 
teacher unless such teacher shall, at the time of his or her employ- 
ment, hold a certificate of qualification, obtained under the propulsions 
of this act, covering the entire period of his or her employment. 

Note— See, Section 5, Article VII, an amendment to this clause/, 
which requires certificate when teacher enters upon his duties. 

Thirteenth — The directors shall not pay any public funds to any ' 
teacher unless such teacher shall have kept and furnished schedules 
as required by this act. and shall have satisfactorily accounted for 
.all books, apparatus and other property of 'the district that he may 
have taken in charge. 

Fourteenth — The directors shall pay teachers' wages monthly. 
Upon the receipt of schedules, properly certified, the directors shall 
.at once make out and deliver to the teacher an order upon, the- town- 
,ship treasurer for the amount named in the schedule ; which order 
shall state the rate at which the teacher is paid according to his con- 
tract, the limits of time for which the order pays, and that the direc- 
tors have duly certified a schedule covering this time. But it shall 
not be lawful for the directors to draw an order until they have duly 
certified to the schedule ; nor shall it be lawful for the directors, after 
the date of filing schedules as fixed by law, to certify any schedule 
not delivered to them before that date by the teacher, when such 
schedule is for time taught before the first of July preceding, nor to 
;give an order in payment of the teacher's wages for- the time covered 
by such delinquent schedule. 

Fifteenth — At the annual election of directors, the directors shall 
■cause a copy of the township terasurer's report of the financial condi- 
tion of the district, provided by law, to be posted upon the front 
door of the building where such annual election is held. 

POWERS— Stc. 27. The board of school directors shall be 
clothed with the following additional powers : 

First — To use any funds belonging to their district, and not other- 
Vise appropriated, for the purchase of a suitable book for their rec- 
•brds. And the said records shall be kept in a punctual, orderly and 
jeliable manner. 



102 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Second — Said directors may, where they deem the amount of labor 
done sufficient to justify it, allow the clerk of such board of direc- 
tors, out of any fund not otherwise appropriated, compensation for 
duties actually performed. 

Third — They shall have the power to dismiss a teacher for mcom- 
petency, cruelty, negligence, immorality or other sufficient cause. 

No Rule — No rule can be laid down defining just what teachers- 
may be dismissed for, but the rule of reason and justice will most 
generally determine the question. The matter of discharging a 
teacher in "business," and must be done at a regular or special meet- 
'ing of the school board, notice of which the teacher must have that 
'he may have an opportunity of defending himself. 

"In dismissing a teacher it will often happen that a school board 
may be in possession of sufficient reasons to justify the dismissal of a 
teacher, and yet a wise public policy would avoid a disclosure of 
them. Experience has proved that this power is not liable to abuse. 
'School boards are reluctant to take upon themselves the responsibil- 
ity of dismissing a teacher, except in extreme cases." 3 Mass., 379. 

English Opinion — There may be causes which render a man al- 
together unfit to continue to be a schoolmaster, which cannot be made 
the subject of a charge before a jury, or otherwise of actual proof. 
A general want of reputation in the neighborhood, the very suspicion 
that he has been guilty of the ofifences stated against him, the com- 
hion belief of the truth of such charges amongst the neighbors, might 
ruin the well-being of the school, if the master were continued in it, 
although the charge itself might be untrue, and at all events the proof 
of the facts themselves insufficient before a jury. 6 England (Q.. 
B.) 682. 

Fourth — They shall have power to assign pupils to the several 
schools in the district ; to admit non-residents when it can be done 
without prejudice to the rights of resident pupils; to fix rates of 
tuition ; collect and pay the same to the township treasurer for the 
use of said district. 

Fifth — They may suspend or expel pupils who may be guilty of 
gross disobedience or misconduct, and no action shall lie against 
them for such expulsion or suspension. 

On Expulsion — The directors expelled a pupil for attending a 
social evening party in violation of a rule of the school. No- 
suit for damage could be sustained. 

The Supreme Court of Missouri said : 

"Whether this rule was a wise one or not, the directors and 
teacher are not liable in an action for damages for enforcing it,, 
even to the expulsion of the pupil who violates it. While the 
court might on mandamus to compel the board and teacher to 
admit a pupil thus expelled, review the action of the board and' 
pass upon the unreasonableness of the rule — which we do not, 
however, decide here — yet the doctrine that the courts can do this. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 103 

is very different from that which would hold the directors liable in 
an action for damages for enforcing a rule honestly adopted for 
the maintainance of discipline in the school. That such action is 
not maintainable is fully established."' 24 Mo., 309; 31 Mo., 
533; 66 Mo., 286; 13 111. App., 520; 15 Ind., 73; 65 la., 522; 38 
Me., 164, ;376; iii Md., 499; 23 Mass. (Pick.) 224; 14 X. Y., 
221 ; 6 Cal., 94. 

Exercises in Other Building.s — In some instances school exer- 
cises are held outside of the school buildings, and then the question 
is raised as to the power of the school board to compel the pupils 
to attend. It is the duty of the board to arrange for rooms and 
buildings to accommodate the school, hence it seems that school 
boards have the right to compel pupils to attend the exercises held 
at such places as may be provided by the school authorities. 

A case occurred in the Dover, (X. H.) high school in which 
two girls refused to attend examination and graduation in the city 
hall on the ground that it was too public. The parents applied 
to Judge Doe for an injunction against the suspension, and the 
case was referred to the full bench at Concord. The application 
was denied on the ground "that the subject-matter was within the 
jurisdiction and discretion of the school authorities." 

Sixth — They may provide that children under twelve (12) years 
of age shall not be confined in school more than four hours daily 

Seventh — They may appropriate, for the purchase of libraries 
and apparatus, any school funds remaining after all necessary school 
expenses are paid. 

Eighth — When any school district owns any personal property 
not needed for school purposes, the directors of such district may 
sell such property at public or private sale, as in their judgment 
will be for the best interest of the district, and the proceeds of 
such sale shall be paid over to the treasurer of such district, for 
the benefit of said school district. 

Ninth — They may grant special holidays whenever in their 
judgment such action is advisable: Provided, no teacher shall be 
required to make up the time lost by the granting of such holidays. 

Tenth — They shall have the control and supervision of all school 
houses in their district, and may grant the temporary use of school 
houses when not occupied by schools, for religions meetings and 
Sunday schools, for evening schools and literary societies, and for 
such other meetings as the directors may deem proper. 

Eleventh — They shall have pov.-er to decide v/hen the school 
house site, or the school buildings have become unnecessary, or un- 
suitable, or inconvenient for a school. 

Twelfth — They may borrow money, and issue bonds therefor, 
for building school houses, purchasing sites, repairing and im- 



104 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

proving school houses, in the way and manner provided for by 
article IX of this act. 

Election Notice General — "Under the school law, the notice 
reguired to be given of an election for building a school house or 
purchasing a school site is very general, the law not requiring that 
any particular site should be named in the notice, or that it should 
state the amount to be borrowed for the purpose, or that but a 
single question be submitted at any one time. The power given 
by the statute to borrow money for the purpose of building a 
school house, or' purchasing a school site embraces the power to 
purchase a 'school site having a school house already thereon, and 
such a failure to name in the notice of election, or vote, the 
amount of bonds to be issued, will leave the directors free to issue 
any amount that m.ay be deemed necessary for the purpose of the 
vote, within a limit fixed by the statute, which is five per cent, of 
the taxable property of the school district." 98 111., 335. 

Ceases to Be Public School — A school ceases to be a public 
school the moment it is 'controlled in any way by any person or 
persons other than the board of directors, therefore, a board can 
not surrender or delegate the control to anyone. A school, any 
part of which is under the management of others than the direc- 
tors, is not entitled to any of the public funds. 

Residence of Pupils — One of the questions arising each year 
in many districts is the question of residence and right to atteiiv'l 
the school. 

This question is one which the school board has the right to 
decide. In a few cases the matter may be a little difficult to 
judge, but generally easily determined. 

To move into a district for the express purpose of receiving 
the benefits of a school will not give such person the right to thp 
school. A child placed in some family in the district to attend- 
school, and work around the house on Saturdays, and at evenings 
and niornings for board and lodging does not give a right to the 
school. If a part of the family should move into a district to 
remain for the express purpose of attending the school the board 
has the right to deny the children of such family admission to the 
school. School boards are authorized to decide questions of resi- 
dence of pupils, for school purposes, and the decision is subject to 
reversal only by the proper court. The county superintendent has 
no power to hear such cases and reverse the decision of a board. 

Boarding children in a district does not give such children a right 
to the school any more than for them to take their meals with them 
and eat them in the district. There is one class of young people 
who have no homes and go about seeking work wherever they can 
find it. They have no settled residence or heme. Such persons 
should be counted and permitted to attend school in the district 
v/here they reside at the time the schools are in session. 8 Wend. 
134; 30 Mo., 285; 65 Wis., 631; 23 Pick., 170. 

No Road to School — A school house is for the use of the 
people and if there is no public road or highway to it, the pupils 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 105 

may go across private property in going to and from school. 59 

111., 51. 

Not Liable — A school district is not liable for injury resulting 
to pupils either from the defective construction or condition of the 
school house, or for a dangerous condition of the school yard, but 
this should not excuse directors from keeping wells, walks and 
steps in a safe condition. 58 la., 462; 30 Ohio, 37; 14 Gray, 
541 ; 145 Mass., 555. 

Right Lost — If on going to the school house the teacher finds 
the door locked against him, he should apply to the directors for 
admission. He abandons .his contract if he does not make an 
effort to continue the school. 88 111., 553 ; 42 Ind., 260. 

A teacher who voluntarily gives up his school, even at the request 
of the directors, can recover only for the time actually taught ; and 
where a teacher is discharged and by force holds possession of the 
school house and continues to teach, he cannot recover wages. 

A teacher who abandons his school without just and good reasons 
cannot recover for time taught. 27 Vt., 646. 

The teacher was employed for six months and on teaching 
about six weeks the people became dissatisfied, only one or two 
])Upils attended, the stove legs and the pipe were carried away from 
the school house, and the teacher had to close school. At the 
request of the school board, he held himself ready to complete 
his contract, but the board failed to put the house in order for 
school. In a suit for his pay he recovered wages for the full 
term. 67 111., 511; 24 Mo., 250; 61 Ga., 477. 

Teacher DiscHAROED^When dismissing a teacher there are no 
formal rules to follow. Sitting as a board they can examine into 
the charges in the way they may deem prober and. fair to thd 
teacher. The board should cause to appear in their record the 
main reason or reasons for the discharge of the teacher. 117 111., 
257; 30 Kan., 268. 

If a teacher fails to enforce such rules of the board as are 
reasonable, or if he closes his school without the approval of the 
board, or if he goes away and leaves his school in charge of an- 
other person however well qualified to teach, are good and sufficient 
grounds for dismissal.. , 88 111., 563. • . . 

It may be charged that a teacher does not nos'sess the necessarv 
qualifications to teach. In passing upon such charges, the board 
must consider that the teacher is not required to possess talent, 
tact and qualifications equal to those possessed by the most success- 
ful and eminent teachers of the country, but to fill the contract if 
he possesses a fair ability and attainments and uses usual diligence 
10 discharge the duties of his office, there is not sufficient ground 
for discharge. 17 111. App., 386; 36 111., 71. 

In New York it has been held that non-resident puoils mav be 
admitted into the schools upon the v^^itten consent of the school 
board, upon such terms and conditions as the board may prescribe ; 
and when so admitted the teacher may not refuse to instruct them. 

On this point Judge Cooley says : "Whether an action will lie 
against a teacher for refusing to instruct those who lawfully come 



106 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

to him for instruction is left in doubt by the authorities." Torts, 
2.88. 

Sole Authority — The directors have sole authority to admit 
pupils or to exclude them, and the teacher must instruct the pupils 
admitted. This rule applies also to pupils over school age. The 
teacher must know for himself what the law is with reference to 
the power of school boards to admit non-resident pupils, and he 
undertakes to teach the school, knowing the law ; therefore it is 
his legal duty to instruct all who enter the school by right or by 
l)ermission. 

No Authority — Individual members of a school board have no 
authority to make rules, nor to give orders to teachers. Under 
the school law, the methods of teaching belong to the teachers^ 
The teachers assign, seats to, pupils, regulate the order of recita- 
tions of classes pursuing the different studies taught in the school^ 
and the manner of conducting the recitations. A visiting com- 
mittee of the board has no right or authority to interfere with the 
methods of instruction pursued by the teacher, nor to give orders 
to the teacher, nor to interfere with the recitations, nor to conduct 
examinations on their own account, without advising with the 
teacher, nor interfere with the seating of the pupils. 

Such committees at such times as it shall seem necessary and 
proper, may note carefully the methods pursued by the teacher, 
tlie government and discipline and report the facts to the board. 
If, in the opinion of the board, the condition of the school is such 
that in its judgment it is not for the best educational interest, then 
it shall call the attenion of the teacher thereto. ^ 

Annulling Certificate — If a teacher's certificate is revoked by 
the county superintendent of schools a contract with a school board 
is dissolved and at an end. On revoking a certificate the superin- 
tendent should notify the school board and the township treasurer 
of his action. 

Because some of the patrons of the school, or even a majortiy 
of the board are dissatisfied with the teacher and not pleased v/ith 
his work, yet the board has not the courage to dismiss him, or they 
have no valid reason for so doing, but seek to get rid of the 
teacher by a revocation of his certificate, the county superintendent 
is not authorized to revoke certificates on grounds of this kind. He 
may revoke for gross immorality, incompetency or inefficiency, and 
for the same reason the board may dismiss the teacher, which it is 
their duty to do. There are cases where school boards through 
blunder employ two teachers for the same school room, then seek 
relief through the county superintendent, and his power to revoke, 
a power he is not authorized to employ in such cases.. 

A teacher's certificate may net be revoked for delinquencies 
known at the time of granting the certificate, where no subsequent 
bad conduct of the kind is known to have occurred ; but on the 
cither hand it mav be revoked for causes which if known at the 
time of issuing the certificate would have been sufficient ground 
for withholding it. 

Immoral Conduct — A teacher may be discharged for immoral 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 107' 

conduct engaged in before he commences his school, if of such a 
character as to injure the school, or weaken the usefulness of thec 
teacher, and exert a bad influence on the pupils. In such instance 
the directors would be sustained in discharging the teacher under 
these conditions. 

"Ability to teach the branches prescribed does not alone qualify 
a person to teach our youth. In addition thereto he should be a 
person who, for his known virtue and morality is fitted to be trusted 
wkh the dearest treasures of the father and mother — the person and 
mind of their children. He should be entitled to and receive the 
entire confidence of the patron and pupil. If suspicion of vice or 
immorality be once entertained against a teacher, his influence for 
good is gone. The parent becomes distrustful, the pupil con- 
temptuous, and the school discipline essential to success is at an 
end." 17 111. App., 347. 

Conscientious Duty — "A teacher doubtless, like the lawyer^ 
surgeon or physician, when -he undertakes an employment, im- 
plicitly agrees that he will bestow upon the service a reasonable 
degree of learning, skill and care. When he accepts an employ- 
ment as teacher in any given school, he agrees by implication that 
he has learning necessary to enable him to teach the branches that 
are taught therein as well as that he has the capacity in a reason-; 
able degree of imparting that learning to others. He agrees also, 
that he will exercise a reasonable degree of care and dilligence in 
the advancement of his pupils in thier studies, in preserving har- 
mony, order and discipline in the school and that he will himself 
conform as near as may be to such reasonable rules and regula- 
tions as may be established by competent authority for the govern- 
ment of the school. He also agrees, as we think, by a necessary 
implication, that while he continues in such employment his moral 
conduct shall be in all respects exemplary and above reproach.''" 
42 Ind., 200. 

Expulsion or Suspension — Among the most important and 
sometimes serious questions which confront school boards, is the 
question of expulsion or suspension of a pupil. That boards have 
the right to expel or suspend pupils, there is no doubt, so long as 
they follow reasonable rules and act from pvire motives and honest 
pirrposes. Should a board go beyond its authority and act from 
some malicious motive then the members would be held liable. 

"It may be taken as well as settled that school boards in this 
State can expel pupils only for disobedient, refractory, or incor- 
rigibly bad conduct after all other means have failed." 95 111., 
^63. 

"It is held that a school board may require a pupil to inform of 
another pupil guilty of a breach of the rules, and on his refusal 
may suspend him for the remainder of the year." 26 111. App., 379. 

A pupil who has been suspended and uses gross vulgarity and 
profanity to the board on being called before it, forfeits his right 
if any, to reinstatement until reparation is tendered. 32 111. App.,. 
300. ' 

If the offender is incorrigible, suspension or expulsion is the only 



108 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

adequate remedy. In general, no doubt, the teacher reports a case 
of this kind to the proper authorities for their action, if no delay 
will necessarily result from that course pre judical to the best in- 
terest of the school. But the conduct of the recusant pupil may 
be such that his presence in the school for a day or an hour may 
be disastrous to the discipline of the school, and even the morals 
of other pupils. In such cases it seems absolutely essential to the 
welfare of the school that the teacher should have the power to 
suspend the offender at once from the privileges of the school ; 
and he must necessarily decide for himself whether the case re- 
quires the remedy." 45 Wis., 150; 2 111. App., 584; 32 Vt., 224; 
30 Am. Rep., 706; 133 Mass.. 103. 

"Pupils should not be expelled for mere accident or negligence." 
21 111. App., 584; 43 Mch. M. W.. 996; 41 Conn. 442. 

It mav he well to say that in Illinois and several other States 
it is held that school beards can not delegate the power to the 
teacher to expel pupils. This is a power given to boards and they 
can not empower others tO: act in their stead. • l^.' ■ '"" 

Judge Vincent in ° his ruling said: "We have long held the 
opinion that that right to exclude a pupil temporarily from school 
was, in the absence of law to the contrary, i;tiherent'' in the teacher's 
office, and that the exercise of this righ| -under some circumstances 
is a necessity." This view has been held- by the Supreme Courts 
in several States. , '- 

"Teachers can not expel, but they have- the right to suspend a 

pupil, and should report the case to the board at the earliest 

opportunity for action. If a teacher expels a pupil, he would he 

. gohig beyond his • authority and would be liable for damages." 

Cooley on- Torts; 228.^ • 

Teacher AND Parent — The master is /;;. loco parentis, and has 
such portion of the powers of the parent committed to his charge, 
viz. ; that of restraint and coercion, as may be necessary to answer 
the purpose for which he is emploved. Blackstone's Com.,- L 453 ; 
Ijishop's C6m. Law., 7th ed.. Sec. 882; Schouler's Domes. Relations 
4th ed.. Sec. 244; Addison on Torts, Wood's ed., Sec, 840; 88 
Ala., 169; 4 Gray, 36; 5 Pa., 78; 45 Wis., 150. 

The teacher may not punish a pupil for refusing tO' do what the 
parent has requested he be excused from doing, even when such 
refusal justifies the board in suspending or expelling. 69 Ind., 
29.E; ; 79 Ind., 75; 50 la., 152. 

Duty of School Boards — It is the duty of school boards to so 
conduct and manage the schools that ecjual rights and privileges are 
accorded to all the pupils, without any partiality or discrimina- 
lion. To do this it is their first duty to provide a sufficient 
number of schools or rooms to accommodate the children. 
Directors are not authorized to force sixty to seventy pupils into 
one room that will not. accommodate three dozen. If one room 
or one house will not accommodate the pupils of the district, the 
directors should arrange for building or renting others. If the 
people do not authorize the board to build, it is their duty to 
Tent. To enable boards to rent and provide for more school 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 109' 

facilities, the law allows them to rent a house outside of the 
district, if by so doing they can provide their people with more 
and better opportunities to get the benefits of school. 19 111. App., 
48. 

Lfft Handed Pupils — A rule compelUng left-handed pupils to 
use the right hand is of doubtful validity. The matter is thus dis- 
cussed by the N. Y. State Dept. : "As to the right of a teacher to 
require left-handed pupils to write with '.he right hand, the Depart- 
ment will not lay down any general rule upon the subject. If left- 
handed childr(ui can be taught to use the right hand in writing, it 
should be done ; bur when a child has always used his left hand, and 
has reached the age of 12 or 14 years , il. seems very doubtful 
uhether it is practicable to change the habit, and therefore, doubt- 
ful whether the teacher should insist upon it." 

Catnot Enforce — A rule recjuiring pupils to sweep the house,, 
or to build fires, or to bring in wood or coal can not be enforced 
legally by a school board or teacher. 

" * * * * Mucli discression must be left .to these 
boards as to the nature of the rules which are prescribed. Yet it 
cannot be fairly claimed that the boards are uncontrolled in the ex- 
ercise of their discretion and judgment upon the subject. The rules 
and regulations made must be reasonable and proper, or in the lan- 
guage of the statute : needful; for the government, good order, and 
efficiency of the schools — such as will besr. advance the pupils in 
then- studies ; tend to their education and mental improvement, and 
promote their interest and welfare. But the rules and regulations 
must relate to these objects. The boards are not at liberty to adopt 
rules relating to other objects according to their whims, humor 
and fancy, and make a disobedience of such a rule bv a pupit 
cause his suspension or expulsion. We, therefore, think the rule 
or regulation requiring the pupil to bring up wood for use in the 
schorl room was one which the beard had no right to make and en- 
force. 63 Wis., 234. 

Not Punished — A pupil may not be punished in school for not 
having prepared lessons at home, especially when forbidden by the 
parent to do so. "Ordinarilly, an important part of a child's edu- 
cation is the study at home, but here the child has been punished for 
disobedience to an order which the master had no right to make." 
13 England (O. B.) 225. 

Not Expelled — "Nor can a pupil be expelled for attending a 
social party contrary to the rules of the school, or for reflecting on 
the school board in a news paper article." 24 Mo., 309; 31 Mo., 533; 
30 la., 429. 

• Was Expelled — It has been held in Massachusetts that a pupil 
was rightly expelled for acts of immorality and licentiousness com- 
miited out of school. 8 Cush. 198. 

Conduct on Road — In some school districts it is sought to make 
rules governing the conduct of pupils on the way to and from school, 
and inflict punishment for such violations. Some of the courts 
sustain such rules. All feel that it is against the best interest of 
the schools and society for pupils while on the road to or from 



110 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

.school, to engage in the use of bad language, rude conduct, fight- 
ing, etc. 85 Mo., 485 ; 8 Cush., 160; 32 Vt., 120. 

"On the one hand, there is certainly some limit to the jurisdic- 
tion of the school board and teachers, out of school hours and out 
of the school house ; and on the other hand it is equally plain, if 
their jurisdiction does not commence until the minvite for opening 
school has arrived, nor until the pupil has passed within the door of 
the school-room, that all the authority left to them in regard to some 
■of the most sacred objects for which our schools were instituted 
would be of little avail. To what purpose would the teacher pro- 
hibit profane or obscene language among his scholars within the 
school-room and during school hours, if they could indulge in it 
with impurity and to any extent of wantonness as soon as the hour 
for dismissing school should arrive? To what purpose would he 
forbid quarrelling and fighting among the scholars, at recess, if they 
could engage in single combat or marshal themselves into hostile 
parties for a general encounter within the precincts of the school 
house, within the next five minutes after the school should 
"be closed? And as to zvliat purpose zvoiild he repress insolence 
to himself, if a scholar as soon as he has passed the threshold, inight 
shake his fist in the teacher's face, and challenge him to personal 
combat? These considerations would seem to show there must be 
a portion of time, both before the school commences, and after it 
closes, and also a portion of space between the door of the school 
liouse and that of the parental mansion, where the jurisdiction of 
the parent on one side and the school board and teacher on the other 
is concurrent." 10 Mass., Report (Mann.) 

An application of law and the rules of society ought to enforce 
obedience to law, and regulate the conduct of all individuals, and 
if necessary enforce the penalties for violations. The school teach- 
ers have enough to do without assuming police duties and exercis- 
ing duties that belong to and should be performed by others. It is 
the duty of all to work for the efiiciency^ of the schools, and not 
burden the school officers by leaving them to exercise authority and 
enforce law and regulations which more properly belong to others. 
School boards should use care and not go beyond their rights or 
interfere with the right of parents." 66 Mo., 286. 

Enforce Discipline — A legal right to enforce discipline by 
means of corporal punishment exists in all schools where it has not 
been expressly forbidden by statute or by regulation. This is con- 
ferred by usage and confirmed by legal decisions. Blackstone's 
Com. I. 453 ; 45 la., 248, i City Hall 55 ; 68 N. C, 322 ; 31 Am. Dec, 
416; 2 N. C, 50; 5 Pa., 78; 3 Tenn., 455 ; 19 Vt., 102, 180; 45 Wis., 
150; 28 Vt., 575; 32 Vt. 120; 4 England 656. 

Should be Disciplined — As to any misdemeanors of which the 
pupils in going to and from the school to their homes, which di- 
rectly and injuriously affect the order, discipline and government 
of the school and the proper training of children, such as willful 
tardiness, truancy, fighting and quarrelling with other children, the 
use of obscene and profane language, rude conduct towards older 
people, etc., there can be no serious doubt or question that these 



^ MANUAL OF THE ILLINOIS SCHOOL LAWS. Ill 

come within the jurisdiction of the teacher and are matters for dis- 
ciphne if the public schools are to perform their proper functions. 

Home and School — State Superintendent Inglis in his biennial 
report said: "The teacher's work is not only supplementary in 
character to the home training, but corrective as well Not only 
must he augment, as well as foster, the good in the child, but he 
musr as certainly purge away the evil in heart and head. Good hab- 
its must be preserved and bad ones corrected. 

The power to control the action and direct the thought of the 
child is delegated to the teacher by the parent. The teacher is said 
to stand in loco parentis, and is so recognized by the law. Whether 
this be true in every respect, is not our province to determine, but 
one thing is true — that many assuming the role of teacher, whether 
comprehensively or not, have not appreciated their true relation to 
the home, and in many instances have been a curse, rather than a 
ble.'sing to the child. They have taught (perhaps) the branches 
of an education, but have not led the way to a broader and higher 
life ; they have imparted the forms of knowledge without the power. 
The intellectual training is not all of the teacher's duty to the 
child ; his relation is yet closer. Dr. Webster says : "The punish- 
ment for the faults and offences of children by the parents is by 
virtvie of the right of government with which the parent is vested 
by God himself." So following in the line of divine law, the right 
to punish the child for offences while at school is, by the common 
law, vested in the teacher' as representative of the parent for the 
time being." Report 1896, 129. 

An Old L\w — Excellent doctrine is found in an old law of Mass- 
achusetts which reads as follows: "It shall be the duty of the 
president, professor, and tutor of the University at Cambridge and 
of the several colleges, of all preceptors and teachers of academies, 
and all other instructors of ycuth, to exert their best endeavors to 
impress on the minds of children and. youth committed to their care 
and instruction the principles of piety and justice, and a sacred re- 
gard to truth ; love of their country, humanity and universal be- 
nevolence ; sobriety, industry and frugality ; chastity, moderation 
and temperance ; and those other virtues which are the ornament of 
human society and the basis upon which a republican constitution 
is founded ; and it shall be the duty of such instructors to endeavor 
to lead their pupils, as their ages and capacities vvall admit, into a 
clear understanding of the tefidency of the above-mentioned virtues 
to preserve and perfect a republican constitution, and secure the 
blessings of liberty, as well as to promote their future happiness, 
and also to point out to them the evil tendency of the opposite 
views." 38 Mass. Report, 147. 

Rules for School — The legislature very properly clothed school 
directors and boards of education with full authority to make 
and enforce rules and regulations for the government and manage- 
ment of schools. The rule of law and the broad construction given 
it by the courts are wise and calculated to materially aid those who 
?ssiime the duties of school directors in the discharge of their official 
duties. 



112 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

"In the school, as in the family, there exists on the part of the 
pupil the obligations of obedience to lawful commands, subordina- 
tion, civil deportment, respect for the rights of other pupils, and 
fidelity to duty. The obHgations are inherent in any proper school 
system, and constitute, so to speak, .the common law of the scliooL 
Every pupil is presumed to know this law, and is subject to it 
whether it has or has not been re-enacted by the district board in the 
form of written rules and regub.tions. Indeed, it would seem. im- 
possible to form rules which would cover all cases of insubordina- 
tion and all acts of vicious tendency which the teacher is liable to 
encounter daily and hourly" 45 Wis., 150; 87 111., 303; 105 Mass.^ 
475; 19 N. H., 170. 

In this decision of the court, it is clearly stated that boards and 
teachers are not required to prescribe a rule for each and every of- 
fence that may be committed by the pi:pils. 

In adopting and enforcing rules, directors and teachers are to in- 
quire if the rules are "reasonable" and are they "calculated to pro- 
mote the objects of the law." "In the performance of their duty 
in carrving certain rules and regulations for the government of the 
tchools in their district, and enforce them. They may, no doubt, 
classify the scholars, regulate their studies and their deportment, the 
hours to be taught, besides the performance of other duties neces- 
sary to promote the success and secure the well being of such 
schools. But all such rules and regulations must be reasonable and 
calculated to promote the objects of the law. * * * The law 
having conferred upon each child of proper age the right to be taught 
the enumerated branches, and rule or regulation which, by its en- 
forcement, would tend to hinder or deprive the child of this right 
can not be sustained. All rules must be adopted to the. promotion 
and accomplishment of this great and paramount object of law. 79 
111., 567; III Ind., 472. 

Returned Home — For conduct committed by the child after his 
return home from school, we think the parents, and they alone, have 
the power to punish. The misbehavior must not have merely a re- 
mote and indirect tendency to injure the school. All improper con- 
duct or language may perhaps have by influence an example, a re- 
mote tendency of that kind. But the tendenc}^ of the acts so done 
out of the teacher's supervision, for which he may punish, must be 
direct and immediate in bearing upon the welfare of the schorl, or 
the authority of the master and the respect due him. . 

"Acts done to injure or deface the school-room, to destroy the 
books or apparaus for instruction, or the instruments of punishment 
of the master ; language used to other scholars to stir up disorder 
and insubordination, or to heap odium and disgrace upon master ; 
writings and pictures placed so as to suggest evil and corrupt lan- 
guage, images and thoughts to the youth who frequent the school — 
all or singular acts tend directly to impair the usefulness of the 
schools, the welfare of the scholars, and the authority of the teacher. 
By common consent and by uniform custom in our New England 
schools, the master has always been deemed to have the right to 
TDunish such offences. Such power is essential to the preservation of 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 113 

order, decency, decorum, and good government in schools." 32 Vt., 
114. 

Unpardonable — Boxing the ears and striking pupils on any part 
of the heac may be classed as most unpardonable punishments. If a 
pupil attacks the teacher, then the master will be sustained in defend- 
ing himself by any blows that maj"- be necessary. 

"The law presumes that a school teacher acts with justice, and it 
must be shown by evidence that he has not so acted." Cooley's 
Const. Limt., 421. 

Attending By Permission— If pupils attend a school by permission 
of the school board, such pupils are subject to the same rules and pun- 
ishment as those who attend by right of age and residence. All are 
governed by the same rule; those who pay tuition, whether over 
twenty-one years of age or not, and attend by permission of the board. 
If a pupil over twenty-one years of age attends school, he should even 
comply with a rule requiring pupils to satisfy the teacher in some way 
as to his absence. This should be required, at least, that all who 
attend the school mav stand equally before the law. 27 Me., 266; 
45 la , 248; 35 Wis., 59. 

A teacher has been sustained for whipping a w@man pupil twentv- 
, one years old for violation of the rules of the school, though she at- 
tended at her own instance and by the permission of the school board. 
4 la., 248. 

Trend of Opinion — It may not be amiss to observe that public sen- 
timent does not now tolerate such corporal punishment in the public 
schools as was formerly thought permissible and even necessary. 
Every year this tendency becomes more and more marked, so much so 
that it requires on the part of the teachers jud-gment, skill and com- 
mon sense that they may govern and control their pupils without 
resort to the rod. 

The prevailing idea and the trend of legislation and the law appear 
to be such as to concede but little authority over the children on the 
road to and from the school, yet there is no doubt as to the advisa- 
bility of the teacher and the parents acting together in this. But a 
moments reflection and consideration will at once disclose the wisdom 
of such oversight and control carefully and judiciously performed bv a 
careful and considerate teacher. This duty ought to be imposed upon 
him by statute. 

Calling Help — The law will justify and the courts sustain the 
teacher in summoning help to enable him to punish a pupil for dis- 
obedience and bad conduct. In a New York case, where the teacher 
called to his assistance two of the larger pupils of the school to aid 
him in punishing a b;>y about eighteen years old, the two boys held 
him down while the teacher whipped him with a ruler. The court sus- 
tained the teacher. 

Best Defence — The teacher's best defence against insulting and 
disturbing visits of parents and others is found in such law as the 
following; 

"School officers as such have certain rights in the school house, but 
the law will not allow them to interfere with the teacher while he 
keeps strictly within the line of his duty. Having been legally put 
in possession, he can hold it for the purpose and the time agreed upon, 
and no parent or individual officer has any right to enter and disturb 
him in the lawful performance of his duties. If persons do so enter, he 
should order them out, and if they refuse to go, on being requested to 
do so, he may use such force as is necessary to eject them. And if he 
finds that he is unable to put them out himself, he may call assistance, 



114 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

and if no more force is employed than is actually necessary to remove 
the intruder, the law will justify the teacher's acts and the acts of those 
who assisted him." Wharton Am. Crim. Law, 1256. 

"All pupils will be required to bring- written excuses from their 
parents to the teacher for absence, and such excuses must be satis- 
factory and reasonable, otherwise they "will not be granted." 

"The rule does not of itself indicate any sinister or malevolent pur- 
pose or wicked force on the part of the directors. It does not trench 
upon the rights or dignity of any one. We instantly and properly re- 
pel any encroachment upon our rights as citizens. ****** 
But I am utterly unable to understand how this simple rule or regula- 
tion, requiring the pupil in certain cases to bring a written excuse from 
its parents to the teacher, is an attack upon, or an abridgement of our 
inalienable rights as citizens of this free country." 13 111., App., 520. 

Acts Judicially — "In deciding questions of discipline the 
teacher acts judicially, and is not to be held liable, either civilly or 
criminally, unless he has acted with express malice and been guilty of 
such excess in punishment that malice must be implied. Within the 
sphere of his authority the master is judge where correction is re- 
quired, and the degree of correction necessary, and like others in- 
trusted with a discretion, he cannot be made penally responsible for. 
error of judgment, but only for wickedness of purpose." Potter's 
"Devorris," 518. 

Authority Sustained — A teacher kept a school for small children, 
and punished one of them, about seven years old, with a rod to such 
an extent as to leave marks, all of which were likely to pass away in a 
short time and leave no permanent injury. In the lower court the 
teacher was held to be guilty of inflicting excessive punishment, and 
the case was taken to the higher court for its consideration. In ren- 
dering the opinion, the court held: 

"That teachers exceed their limits of authority when they cause 
lasting mischief, but act within the limits of it when they inflict tem- 
porary pain. In this case the marks were temporary, and in a short 
time disappeared. No permanent injury was done to the child. The 
only appearance that could warrant the belief or suspicion that the 
correction threatened permanent injury were the bruises on the neck 
and arms; and these, to say the least, were too equivocal to justify the 
court in assuming that they did threaten such mischief. We think, 
also, that the jury should have been further instructed, that however 
severe the pain inflicted, and however in their judgment, it might 
seem disproportionate to the alleged negligence or offence of so young, 
tender child, yet, if it did not tend to produce or threaten lasting mis- 
chief, it was their duty to acquit the defendant, unless the facts testi- 
fied induced a conviction in their minds that the defendant did not 
act honestly in the performance of duty, according to her sense of 
right, but under the pretense of duty was gratifying malice." 2 N. C, 
(D. & Bat.) 365. 

Corporal Punishment — "A principal in one of the Buffalo, N. Y., 
schools saw two of his pupils, after school, fighting outside the school 
premises, and sent a messenger commanding them to desist, and come 
to him at once. They refused, and the next day when they came to 
school he punished them. He was arrested for assault and battery, 
and brought before Justice King, who discharged him, ruling that one 
of the most important duties of teachers is to train and qualify their 
pupils to become useful and law-abiding members of society; this duty 
cannot be effectively performed without ability to command obedience, 
and reform bad habits; to enable the teacher to exercise this salutary 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 11 5 

sway, he is armed with the power of the parent; that is, he stands in 
loco parentis, and is entitled in law and in reason to employ the means 
necessary to answer the purpose for which he is employed; and finally 
that the teacher has jurisdiction over the acts of the pupils coming to 
and going Irom school, if those acts tend to subvert the best interest, 
or the character of the school, all of which is well settled by common 
sense and law." School Bulletin, Vol. 8, 136. 

In most states it is considered for the conduct of pupils on the road 
to or from school, the authority of the teacher is regarded as con- 
current with that of the parent. 30 la. ,429; 31 la., 562; 85 Mo. 485- 
23 Tex., 386; 4 Tex., (S. W.) 122; 32 Vt., 120. 

The supreme court of Vermont in that very noted decision on the 
question of the teacher's authority over the pupils to and from school 
used this language: 

*' * * * * * "That whatever in the misconduct of pupils under 
like circumstances, as to time and place, etc., has a direct tendency to 
injure the school in its important interests, is properly a subject oi 
discipline in the school.''^ 32 Vt., 114. 

Objections— It is objected to the foregoing views that the respon- 
sibilities of the teacher are thus enlarged to an improper extent, and 
too much is imposed upon those who undertake to teach our children. 
But in answer to this argument, it is right to say that the construc- 
tion must be reasonable. It is not presumed that the teacher is to 
follow his pupils to their homes, and while on the road keep up a close 
inspection. The extent of his duty is to take notice of the misconduct 
of the pupils, as may come to his knowledge, either through proper 
means or his own observation, being careful not to use' doubtful 
evidence. 

The depoitment of pupils upon any pare of the premises connected 
with the school house, or in the immediate vicinity of the same, 
whether within the regular school hours or before or after them, is 
properly a matter over which the teacher has authority and jurisdic- 
tion. Any unbecoming conduct or disturbance on the part of the pu- 
pils within range injuriously affecting the interest of the school are the 
objects of punishment and correction. 

Absence Interferes With Discipline— Absence from school is a 
direct interference with both the discipline and progress in the work, 
and reasonable regulations against it may be enforced. A pupil may 
be chastised by the teacher for refusing to give an excuse for absence 
or tardiness without leave. 

It is not unreasonable to exact excuses from parents in cases of 
tardiness or absenc" of their children. 27 Vt., 755; 69 Ind., 295. 

No Right— Neither a teacher nor a school board has any legal 
right to punish a pupil for refusing to confess a crime for which he 
might be punished at law. 

vVeak-Minded Pupils— A pupil should not be excluded from school 
on the ground that he is idiotic and lacking in capacity for education, 
and unable to care for himself. 

The true rule in a case of this kind is that the pupil should be al- 
lowed the privilege of the school, unless his presence is obnoxious to 
others, and unless he is so weak-minded as to be incapable of caring 
for himself and receiving the rudiments of an education. The school 
should help such children if it can do so without detriment to the in- 
terest of other children. Not the mere convenience and pleasure of the 
teacher is to be considered, but the efficiency of the school. Such pu- 
pil may be some annoyance, and a little unusual care and attention, 



116 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

yet he should be allowed to continue in the school, unless his presence 
will interfere with and injure it. 

Restraining Hand — There are many advocates among teachers 
and parents, who hold that children should be permitted to develop 
without restraint. Such logic will not make successful schools, nor 
will the product of the schools of the people be men and women of the 
higher and better type of citizens, if the restraining hand of parent, 
teacher and the school is not felt by the youth. Faddists and savages 
advocate no restraint. 

Must Exercise Judgment — "In the performance of the duties im- 
posed by law upon school directors, thej' must exercise judgment and 
discretion. What rules and regulations will best promote the interest 
of the school under their immediate control, and what branches shall 
be taught and what text books shall be used, are matters left to the 
determination of directors, and must be settled by them from the best 
lights they can obtain from ahy source, keeping always in view the 
highest good of the whole school. Good order can only be maintained 
by enforcing discipline, and that power is largely committed to the 
directors." 

"The rule is certainly a reasonable one. A mere mistake in judg- 
ment, either as to their duties under the law or as to facts submitted 
to them, ought not to subject such officers to an action. They may 
judge wrongly, and so may a court or other tribunal, but the party 
complaining can have no action when such officers acted in good faith 
and in the line of what they think is honestly their duty. Any other 
rule might work great hardship to honest men, who, with the best of 
motives, have faithfull3' endeavored to perform the duties of these in- 
ferior offices. Although of the utmost importance to the public, no 
considerable emoluments are attached to these minor offices, and the 
duties are usually performed by persons sincerely desiring to do good 
for their neishbors, without any expectation of personal gains, and it 
would be a very harsh rule that vvould subject such officers to an 
action for damages for every mistake they may make in the honest, 
faithful discharge of their official duties as they understand them. It 
is not enovigh to aver the action of such officers was erroneous, but it 
must be averred and proved that such action vv^as taken in bad faith, 
either wantonly or maliciously. If in the discharge of their official 
duties, such officers simply err, it is what other tribunals invested 
with discretionary powers are liable to do." 95 111., 263; 13 111., App., 
520; 111 Ind., 223. 

Has Right — "The schoolmaster has a right to give moderate cor- 
poral correction to his pupils for disobedience to his lawful commands 
for negligence or insolent conduct. A schoolmaster, in his own right, 
and not by delegation, possesses this authority." Reeves's Domes. 
Relations, 534. 

Corporal Punishment — Many who have not made it some study, 
hold that the teacher is not authorized to inflict corporal punishment. 
We presume there is not a count^^ in the state in vsrhich this question is 
not raised annually, and quite frequently taken into the minor courts 
and in some instances carried to a circuit court. 

In some towns and districts, school boards have abolished corporal 
punishment, but we doubt the wisdom of the rule. We give extracts 
from the decisions to shovt" the views that ai'c taken by the higher 
courts as to corporal punishment in the common schools: 

We first quote from "First Blackstone," 453, in which he says: 
"The right of the parent to keep his child in order and obedience is se- 
cured by the common law. He ma3^ lawfully correct his child, being 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 117 

under age, in a reasonable manner, for this is for the benefit of his edu- 
cation. He may delegate, also, a part of his parental authority to the 
tutor or schoolmaster of his child, who is then in loco parentis, and. 
has such portion of the power of the parent committed to his charge- 
viz: that of restraint and correction— as may be necessary to answer 
the purpose for which he is employed." Blackstone I., 453. 

"The law, as we deem it to exist, is this: A schoolmaster has the 
right to inflict reasonable corporal punishment. He must exercise rea- 
sonable judgment and discretion in determining when to punish, and 
to what extent. In determining upon what is a reasonable punish- 
ment various considerations must be regarded— the nature of the 
offence, the apparent motive and disposition of the offender, the in- 
fluence of his example and conduct upon others, and the age, sex, 
strength, size of the pupil to be punished. Among reasonable persons 
much difference prevails as to the circumstances which justify the in- 
fliction of punishment and the extent to which it may properly be 
administered. On account of this difference of opinion and the diffi- 
culty which exists in determining what is a reasonable pauishment, 
and'the advantage which the master has by being on the spot to know 
all thecircumstances— the manner, look, tone, gesture and language 
of the offender (which is not always easily described)— and thus to 
form a correct opinion as to the necessity and extent of the punishment 
considerable allowance should be made to the teacher by way of pro- 
tecting him in the exercise of his discretion. Especially should he be 
allowed this indulgence when he appears to have acted from good 
motives and not from anger or malice. Hence the teacher is not to be 
held liable on the ground of excess of punishment, unless the punish- 
ment is clearly excessive, and would be so held in the general judgment 
of reasonable'men. If the punishment be thus c/ear/j excessive, then 
the master should be held liable for such excess, though he acted from 
good motives in inflicting the punishment, and in his own judgment 
considered it necessary and not excessive. But if there is any reason- 
able doubt whether the punishment was excessive, the master should 
have the benefit of the doubt." 78 Me., 509; 64.N.H.,297; 32 Vt.,114. 

"As they (parents) are bound to maintain and educate their 
children, the law has given them the right to such authority, and, in 
support of that authority, a right to the exercise of such discipline as 
may be requisite for the discharge of their sacred trust. The power 
allowed by law to the parent over the person of the child may be dele- 
gated to a tutor or instructor, the better to accomplish the purpose of 
education. Although the town school is instituted by the authority 
of the statute, the children are to be considered as put in charge of the 
instructor for the same purpose, and he is clothed with the same 
power as when he is directly employed by the parents. The power of 
the parent to restrain and coerce obedience in children cannot be 
doubted, and it has seldom or never been denied. The power delegated 
to the master by the parent must be accompanied for the time being 
with the same right, as, incidental, or the object sought must fail of 
accomplishment." Second Kent's Com., 169. 

"The practice, which has generally prevailed in our town schools 
since the settlement of the country, has been in accordance with the 
law thus expressed, (see Blackstone I., 453: Kent's Com. II., 169,) and 
resort has been had to personal chastisement when milder means of 
restraint have been unavailing." 27 Me., 266. 

"The law confides to school teachers a discretionary power in the 
infliction of corporal punishment upon their pupils, and will not hold 
them responsible, criminally, unless the punishment be such as to occa- 



118 MANUAL OF TPIE ILLINOIS SCHOOL LAWS. 

sion permanent injury to the child, or be inflicted merely to gratify 
their own evil passion." Wharton's Crim. Law, 5th ed., I., 453. 

The eminent educator, Horace Mann, in speaking of corporal pun- 
ishment in one of his reports on the schools of Massachusetts, says: 
"It should be reserved for baser faults. It is a course remedy, and 
should be employed upon the courser sins of our animal nature, and, 
when emplo3'ed at all, should be administered in strong doses." 

No doubt in the present state of society, there are cases in many of 
our schools in which a dose of "rod oil," ^vell and properly adminis- 
tered, is good for a rude urchin. 

New York Ruling — "A pupil refused to take the seat which he was 
directed to take. The teacher came toward the boy, intending to com- 
pel him bjr force to take the seat assigned to him, and, as the teacher 
approached, the boy struck at him several times. The teacher caught 
the boy, and with force put him into his seat, the boy mean time 
kicking, striking, yelling, and swearing. To stop this outrageous and 
unseemly noise, the teacher resorted to the most effectual measure at 
his command; he intercepted the passage of air between the lungs and 
vocal organs long enough to suppress the disturbance, but not long 
enough to injure the boy. But the boy was not subdued by any such 
gentle restraint, for no sooner was he left alone than he ran out of 
doors. The teacher pursued and caught him, and brought him back 
to the school room, not, it appears, without some considerable force, 
for the boy struggled with all his strength; and it would really not be 
strange if in the struggle he received some severe blows. For this the 
superintendent is asked to annul the certificate of the teacher. I de- 
cline to do anything ol the kind. The teacher, in the matter of the 
bov, did no more than he was compelled to do; he might have done 
much more, and still be acquitted of inflicting cruel and unusual pun- 
ishment. It is not cruel, and if it was unusual, it was only so because 
the conduct of the boy was unusual." 

Objects of Punishment — "The legal objects and purposes of pun- 
ishment in schools are like the objects and purposes of the state in 
punishing the citizens. * * * * * * First, the retormation and 
highest good of the pupil; second, the enforcement and maintenance 
of correct discipline in school; and, third, as an example to like evil- 
doers. And in no case can the punishment be justifiable, unless it is in- 
flicted for some definite offence or offences which the pupil has com- 
mitted, and the pupil is given to understand what he or she is being 
punished for. And if j^ou find from the evidence that the punishment 
in this case was inflicted upon the prosecutrix without her knowing 
what she was being punished for, then the punishment was wrongful 
on the part of the defendant. Punishment inflicted, when the reason 
of it is unknown to the punished, is subversive, and not promotive of 
the true objects of punishment and cannot be justified." 

These instructions, with others, were approved by the court. 50 
la., 145. 

Punishment must not be administered by the teacher in malice, and 
for the purpose of gratifj-ing a malicious feeling, but onlj' in a proper 
spirit, wdth the sole object of maintaining his authority and preserving 
the order and decorum of his school. 4th Ed. Reeves's Dom. Rel., 357. 

In a case where the teacher was tried for whipping a boy for ad- 
dressing his teacher in indecent and unbecoming language, the court 
said: "There can be no doubt that the boy deserved a sound punish- 
ment. He ■was old enough to know the meaning of the words and the 
gross impropriety of using them to any teacher, and especially to a 
lady. And when the offence was undoubtedly committed, and was 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 119 

willful and indecent, and the offender was no longer a mere child, 
neither courts nor juries shoii]d he quick to criticise an excess of se- 
verity into which the proper indignation of the teacher may have led 
him." Extract from New York case. 

Legal Opinions — "We hold, therefore, that it may be laid down as 
a general rule, that teachers exceed the limits of their authority when 
they cause lasting mischief; but act within the limits of it when they 
inflict temporary pain 

"Within the sphere of this authority the master is the judge when 
correction is required, and of the degree of correction necessary; and 
like all others intrusted with a discretion, he cannot be made person- 
ally responsible for error of judgment, iDut only lor wickedness of 
purpose. 

"But the master may be punishable when he does not transcend the 
powers granted, if he grossly abuses them. If he uses his authority as 
a cover for malice, and, under pretence of administering correction, 
gratify his own bad passions; the mask of the judge shall be taken off, 
and he will stand amendable to justice as an individual not vested with 
judicial power." 2 Dev. & Bat., 365. 

Malice Must Be Shown— A special teacher in one of the Massa- 
chusetts schools while in the school room for an hour lost her pocket- 
book. Among the pupils who had an opportunity to take it and to 
whom suspicion was directed was a girl. She was searched by the 
regular and the special teacher, with the consent of the principal. 
The child removed most of her clothing, and, as nothing was found, 
she was declared innocent. The principal and teachers were sued for 
$4000. The case. was fought with great vigor before Judge Sherman, 
who ruled that there were but two points for the jury to pass upon: 
First, was there an3' malice on the part of the teachers; second, were 
there suspicious circumstances justifying an effort to learn whether or 
not the child had the pocketbook. The verdict was that no malice 
had been shown, and that circumstances justified the teachers in 
ascertaining whether or not the pupil had the lost article. Jouraal of 
Education, Dec. 1900. 

"If in inflicting punishment upon his pupil, he went beyond the 
limit of moderate castigation, and, either in the mode or degree of cor- 
rection, was guilty of any unreasonable and disproportionate violence 
or force, he was clearly liable for such excess in a criminal prosecution. 
Russell on Crimes, (7th Am. Ed.) 755. It is undoubtedly true that, in 
order to support an indictment for an assault and battery, it is neces- 
sary to show that it was committed extentione, and that if the crim- 
inal intent is wanting the offence is not made out. But this intent is 
always inferred from the unlawful act. Toe unreasonable and ex- 
cessive use of force on the person of another being proved, the wrong- 
ful intent is a necessary and legitimate conclusion where the act was 
designedly committed, and, because purposely inflicted, without justi- 
fication or excuse. Whether, under all the facts, the punishment of the 
pupil is excessive, must be left to the jury." 4 Gray, 36. 

"In inflicting such punishment the teacher must exercise sound 
judgment and di-^cretion, and must adapt it not only to the offenc", 
but to the offender. ****** **of course, the teacher, in 
inflicting such punishment, must not exceed the bounds of moderation. 
No precise rule can be laid down as to what shall be considered ex- 
cessive or unreasonable punishment. Each case must depend upon its 
own circumstances. And we think it equally clear that he should also 
take into consideration the mental and moral qualities of the pupil. 



120 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

and, as indicative of these, his general behavior in school and his atti- 
tude toward his teacher become proper subjects of consideration. 

"We think, therefore, that the court acted properly in admitting 
evidence of the prior and habitual misconduct of the plaintiff, and that 
it was perfectly proper for the defendant, in chastising him to consider 
not merely the immediate offence which had called for the punishment, 
but the past offences that aggravated the present one, and showed the 
plaintiff to have been habitually relractorj^ and disobedient. Nor was 
it necessary that the teacher should at the time of inflicting the punish- 
ment remind the pupil of his past and accumulating offences. The 
pupil knew them well enough, without having them h-eshh^ brought to 
his notice." 53 Conn., 481. 

A teacher has been sustained for whipping a pupil for coughing in 
school, where, in his judgment, it was voluntary and for the purpose 
of disturbing and interrupting the school. 64 N. H.. 297. 

A member of a board of education or of a board of directors is 
clothed with authority to put a pupil out of the school room if the 
pupil should, while the officer is at the school in the discharge of some 
duties connected with the school, conduct himself in an unbecoming 
and insulting manner, either in words or acts towards the officer. 
"The defendant being at the school house performing certain duties 
connected with the school, called the attention of the plaintiff to cer- 
tain acts not especially culpable in character, which he acknowledged 
he had committed. His bearing and manner were insolent and of- 
fensive, and the language in which he indulged was grossly profane. 
Such language, reprehensible at all times, should not have been al- 
lowed to pass with impunity from a school boj- of the older class, 
within the walls of a school house in the presence and hearing of 
younger pupils. After being told to leave, he so conducted that it was 
proper to remove him. no unnecessarv force being used to attain that 
object." 41 Conn., 442; 27 Vt., 755; il3 Ind., 276. 

Exceeded Authority — A boy about thirteen years old in a school 
in Wayne county, Illinois, failed to learn his lesson in grammar. The 
teacher directed him to take off his coat to be punished by whipping. 
The bo3^ refused and was expelled from the school. To say that the 
teacher went beyond all authority does not express it in this case. 
The law will not uphold a teacher in so barbarous an act as compell- 
ing a pupil to take off his clothing and be whipped for failing to learn 
his lesson. Such an act would most certainly make the teacher liable 
to a fine, and there is scarcely a court in Christendom that would not 
impose a fine if a teacher was brought before it charged with such 
conduct and treatment ot the pupils in his charge. 

Court Instruction — "The directors of a school district are author- 
ized by law to adopt and enforce all necessary rules and regulations 
for the government and management of the school o;- schools in their 
district, and to suspend or expel pupils from such schools for dis- 
obedient conduct; and while it is true that the law secures to every 
child, of proper age, the right to attend and receive instruction at our 
public schools, yet that right must be so exercised, by each particular 
child, as not to interfere with the full enjoyment of the same right by 
every other child. No child can be said to have exclusive right to at- 
tend our public schools, but all children of proper age have common 
right to attend them, subject, however, to such necessary rules and 
regulations as the directors of the school may see fit to make; and if 
parents of any particular child see fit to make rules and regulations for 
such child which shall conflict with the necessary rules and regulations 
made by the directors for the government of the school where such 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 121 

(c¥ild has a right to attend, then the necessary rules and regulations, 
so made by the directors, must goveriL; and if such child, while in at- 
tendance upon school, persists in obeying the conflicting rules so made 
iby the parents, and thereby disobeying the rules so made by the 
directors, the latter have the right either to expel or suspend such child 
from the school. 

"If a rule made by a school board is a reasonable one, and is calcu- 
lated to improve the school, and secure punctuality and promptness in 
the attendance of the pupils, then the directors are exercising their 
lawful powers in making such a rule; and they have the right to com- 
pel obedience to such rule, by all pupils attending the schools in their 
'district, and to suspend or expel any pupil who may refuse to obey 
«uch rules, provided such suspension raaj^ in their judgment, be neces- 
sary for the welfare of the schools under their control. 

it is true that parents have a paramount right to control their 
•children, and to make such rules for their government as they may 
deem necessary; but if parents desire their children to enjoy the benefits 
of our public schools, they shoiald not make such rules for the govern- 
ment of their children as will compel the children to disobey the neces- 
sary rules and regulations made by the directors of the school where 
the children have the right to attend. 

If a board of directors, in the lawful exercise of powers conferred 
b_v law, expel a pupil from their school, and the scholar so expelled re- 
fuses to leave the school room, and persists in defying and disregard- 
ing the just and legal authority of the board, such pupil may be ejected 
by force from the school, and it makes no difference whether the de- 
fiance and disregard of the authority of the board arises from the 
pupil's own willingness and stubbornness or from orders or commands 
given to such pupil by his or her parents. 

Before the jurv can find for the plaintiff, they must find, by a pre- 
ponderance of evidence, that either the said plaintiff was not tardy in 
lier attendance upon school, or that the said rule concerning tardiness 
was unnecessary; ********_ 

And the jury are instructed, that the fact that the parents of the 
said plaintiff were either ignorant of the existence of such rule, or re- 
fuse to furnish her with a written statement or excuse required by 
such rule, can furnish no excuse to said plaintiff for disobeying or dis- 
regarding it; for, if she knew of the rule, it was her duty to inform her 
parents of it, and it was then the duty of the parents to enable the 
child to comply with the rule, by furnishing for her the excuse or state- 
ment required of them." 

The above instructions were given by the Coles Count_v{Ill.) Circuit 
Court to the jury in a suit in trespass against the school board and 
the city superintendent for expelling a young lady from school for re- 
fusing to furnish an excuse for absence. 

Trend of Opinion— No doubt public opinion is changing on the mat- 
ter of corporal punishment in the schools; at least the trend of senti- 
ment points that way, as the language of the court shows in the 
following opinion taken from an Indiana report: 

"In one respect the tendency of the rod is so evidently evil that it 
might perhaps be arrested on the ground of public policy. The prac- 
tice has an inherent proneness to abuse. The very act of whipping en- 
genders passion, and very generally leads to excess. Where one or 
two stripes only were at first intended, several usually follow, each in- 
creasing in vigor as the act of striking influences the passions. Hence, 
the spirit of the law is, and the leaning of the courts should be, to dis- 
countenance a practice which tends to excite human passions to 



MANUAL 0¥ THE ILLriSrOIS SCKOOL LAWS:- 

ieated and excessive action, ending in abuse and breacbes of tbe 
peace. ****** The very act of resorting to the rod demon- 
strates the incapacity of the teacher for one of the most important 
parts of bis vocation— nam el\^ school government. For such a teacher 
the merseries of the repubHc are not the proper element." 15 Ind., 73„ 
Tendency — Compulsory laws have a tendency to modify the pow- 
ers ol teachers and school boards in some deegree, and in time, no 
doubt, will bring some decisions that are not fully in accord with- 
those that havebeen rendered under former laws. 

As one result of the compulsory laws, the "truant school" or 
"parental school" will take its place as a part of the public school sys- 
tem, as it is now in some of the states. The following extract indi- 
cates and shows that a wide range of changes may easily come about:. 
The most serious punisbment w^hich can be inflicted by a master 
[school board], is expulsion from the school. It is necessary for the 
master [the board] to have such power as a last resort in ease ot in- 
corrigible misconduct, and also for the protection of his other charges 
(pupils) from the evil influence of an unusually vicious pupil- Ex- 
pulsion, however, cannot be inficted by the master of a public school,, 
for the attendance of a child at such school is compulsory by law,. 
and, unless the child be guilty of an offence justifying his being sent 
to a reformatory or industrial school, his expulsion from a public- 
school would imply, mast probably, the entire cessation of his 
education. Also when parents are compelled to send their children to 
school under the provisions of the "Elementary Education Acts," they 
are only excused from sending them to a public school for certain 
reasons, none of which is that the child has been expelled; therefore, if 
a child could be expelled, we should have the father in an awkward 
position of being liable to a penalty for not causing his child to attend 
school, to which the master Qthe board] of the school refuses to admit 
the child. Disney's Law Relating to Schoolmasters. 

Bad Practice — It is sometimes the practice of a school board to^ 
employ the principal teacher and allow him to employ his assistant. 
Especially have we noticed this in schools where there ai'e two teachers 
for the school. The practice, to say the least, is illegal and against the 
best interest of the school. Each teacher should make his contract 
with the school board, and should be responsible to the board alone, 
88 111., 563; 29 Ohio, S., 161. 

Teacher and Pupil — A pupil has no right of action against a 
teacher for neglecting or refusing to hear his lesson or declining to aid 
the pupil in the preparation of the same. 2 111., 584, 

School Month — In this state the law makes the school month a 
calendar month, and should the school board and the teacher make a 
different contract, then the teacher is really hired by the day, and his 
pay is so computed. It takes two parties at least to make a contract,^ 
and no contract is complete without the consent of both parties. 

Does Not Bind— A vote by a board to employ a person to teach 
the school does not bind either the board or the person until it has 
been communicated to and accepted by him. Any time before the ac- 
ceptance the vote may be reconsidered. If a person makes application 
to a board for a school, neither he nor the board are bound by such 
application until the school board has accepted and notified the per- 
son that his application has been accepted. Ill 111., 421; 40 Mich., 
84; Pollock on Contracts, 8. 

Cannot Require — School boards cannot require a teacher to teach 
any branch other than those named in the law, unless the contracts 
are so made. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 12'3 

Illegal — Two Teachers — In some instances directors lay the 
foundation for a poor school by contracting or attempting to con- 
tract with two teachers. Generally in such cases the people, like the 
■directors, are divided — some for one teacher, some for the other, 
and some, like one of the directors, for both, and, as the time for the 
school to open draws nearer, the discussion and feelings in the matter 
grow warmer and more bitter, and the result is a poor school, whether 
the same is taught by the one teacher or the other. 

This all grows out of directors trying to do the business of the dis- 
trict, bs^ the njembers of the board, acting individually, and not at a 
regular or a special meeting, duly called, at which a record is made of 
their acts and doings. 

School districts would not have to suffer the evil consec[uences of 
such acts if directors would meet as a board and transact the public 
business as the law and common sense dictate. 

Nine times in ten neither teacher has a contract that he can enforce, 
for the reason that the law does not countenance contracts so made 
by individual members. The statute should impose a heavy penalty 
on both the members and the teacher for attempting to bind the 
school district in this way. 

These persons, whose duty it is to make the school the best that is 
possible, are the prime factors in wrecking it and bringing disaster to 
the educational interest of the district. 

Contracts so made are worthless, ajid do not bind the districts 

May Recover Damages — When a teacher is discharged his pay 
ceases. If he is successful in a suit for his wages, he may recover for 
the whole time he was employed. 86 111., 595; 2 111.. App., 458; 6 Pa., 
923; 45 111., 12; 15 Col., 367.' 

The plaintiff is only entitled to the difference between the stipulated 
wages and what he earned or might "have earned at a similar employ- 
ment in his own vicinity during the time covered by contract. Green- 
leaf on Ev., II. §, 161; Chitty on Contracts, 11 Am, Ed., IL, 855. 

The burden of proving that the teacher could have secured employ- 
ment is upon the directors. 36 111,, App., 653. 

As in all cases, the damages which can be recovered should be such 
as follow in the natiiral course from wrongful act, and ought to be 
measured so as to put the plaintiff pecuniarily in the same position as 
he would have been if he had been discharged rightly; he is not neces- 
sarily entitled, as was once thought, to his full salary for the unex- 
pired term for services according to contract. He must not sit still 
and do nothing, but should use all reasonable exertions to get a new 
situation, and should accept of such suitable employment as may offer 
itself. If he gets a new situation without much delay, the damages 
will be reduced according to its value; but whatever the value the new 
situation may be, the plaintiff is always entitled to some damages for 
the wrong done him bv the breach of contract. 36 111., App., 133; 14 
Eng., (L. T.N. S.) 863. 

Entitled Tq Pay — A teacher is entitled to his pay if the board 
neglects to have the house ready for school at the time fixed in the 
contract for the school to open, or if the house should be lost by fire 
and the board failed to provide a place in which to continue the 
school, or if the house is not kept in repair for use in cold weather, or 
the board should lail to provide fuel for the school. In such cases his 
pa3' continues the same as if he had taught, provided he stands ready 
to comply with the terms of his contract and subject to the commands 
of the school board. If the school is closed by order of the school 
board on account of some contagious disease, or some epidemic sick> 



124 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

ness in the district or community, the teacher is entitled to his pay for 
such time the same as if he had taught. 43 Mich., 480. 

Disagreement — Many differences arise between teachers and school 
boards as to just what the terms of the contract were, and not infre- 
quently end in litigation or ill feelings. Such misunderstanding 
demonstrate that directors should make their records show just what 
action they have taken m their official capacity, and when both par- 
ties to a contract have agreed upon terms, such terms should be in- 
corporated in a written contract, duly signed by both parties. 

The contract should contain, in plain language, all the essential 
points, and should express just what the aim and intentions of both 
parties are. The rule of law, as followed by the courts, is to give effect 
to the intention, but if the language is explicit and unequivocal, it 
then governs, though it mav fail to express what the parties intended.. 
4 111 , (Oilman) 536. 

No Implied Contract — There is no implied contract between 
teacher and pupil in our common schools that the former should teach 
the latter. The only contract of the teacher is with the school board 
employing him, and he is accountable to the board for his acts as 
teacher. 2 111., App., 584. 

Special Contracts — The policy followed by some boards in mak- 
ing contracts providing for the discharge of the teacher at any time is 
not a good rule. 

The supreme court of Wisconsin says: "If the board makes a valid 
contract, reserving the right to discharge the teacher whenever they 
see fit, tl3en the public schools must be taught to suit the whims, 
caprices, and peculiar notions of the hiring board, and not as the 
teacher in the conscientious discharge of his duty should teach the 
same. 

They could compel teachers of the district schools to teach the 
same to the satisiaction of the board who hire, instead of to the satis- 
faction ot the people who compose the district, or in a manner most 
beneficial to the pupils, or as a good, competent, and faithful teacher 
should teach." 

Not Binding — In the states of Ohio and Washington it has been 
held, in substance, as follows: "All authority of the school board to 
employ a teacher is traceable to some provision of law. Such lav^^ is 
not only the source of their authority, but the limitation of it. The 
power to discharge a teacher is restricted by the provision that the 
discharge must be for sufficient cause. The board cannot, by the form 
of the contract tli%y enter into with the teacher, give themselves 
greater power than the statute has conferred upon them. No power 
whatever is conferred upon the board to discharge a teacher, except 
for sufficient cause. Any provision, therefore, in the contract with a 
teacher giving the board the power to discharge him at will is unau- 
thorized and invalid." 

Contract Not Specific — If a teacher contracts to teach in the 
schools under the control of a school board, and such contract does 
not specify the grade, then the board has the right to assign the 
teacher to any room or grade they deem fit. but the wages of the 
teacher cannot be reduced. To assign the teacher to another grade, 
and attempt to force him to accept lower wages than the contract 
rate, would operate a discharge. 11 111., App., 393; 50 N. Y., 473; 67 
N. Y., 372. 

Corporate Liability — School directors are liable, as a corporate 
body, to teachers for their pay, and are not liable individually. 

It must be understood that there is no corporate liability if the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 1'25 

debt has not been legally contracted. To legally contract a debt the 
•directors must follow the law in all its steps that are required to be 
taken. 

Cannot Discriminate In Contract — "A school board has no 
right to insert in its contract for work upon a school building a pro- 
vision that none but 'union' men shall be employed in such work or 
placed upon its payrolls. The opinion of the board that such action 
is for the public benefit is not justifiable, and a taxpayer may enjoin 
the expenditure of a school fund under such provision of a contract for 
a public school building requiring the employment of 'union' men 
only." 177 111., 194. 

Not Janitor — School boards cannot compel the teacher or the pu- 
pils to do janitor work. They may contract with the teacher to do 
such work and pay him for the same, but if there is no contract to this 
effect, then the teacher has the right to refuse to perform the labor; 
and so with the pupils. 

Cannot Expel — A pupil who willfully carries dirt into the school 
room, or scatters paper over the floor may be required to gather up 
such dirt and refuse as had been scattered. But this is a punishment. 
No doubt it may be very desirable, under certain circumstances, to 
Ihave such work done; but no court will sustain a board in suspending 
a pupil for refusal to do the work thus required. 97 111., 375. 

NOT TO DRAW WARRANTS—^tc, 28. The school directors shall 
draw no order or warrant payable upon demand upon the township 
treasurer or against any fund in his hands, unless at the time of draw- 
ing such order or warrant there are sufficient funds in his hands to 
pay the amount of the same: Pro Wcfec/, this section shall not apply to 
orders issued to teachers for their wages. 

WARRANTS AGAINST UNCOLLECTED TAX—^tc. 29. When- 
ever there is no money in the treasury of any school district to meet 
and defray the ordinary and necessary expenses thereof, it shall be 
lawful for the board of directors to provide that all orders or war 
rants may be drawn and issued against and in anticpiation of the 
collection of any taxes already levied by said directors for the payment 
of the ordinary and necessary expenses of any such district, to the 
extent of seventj'-five per centum of the total amount of said tax 
levy: Provided, that warrants d.rawn and issued under the provisions 
of this section shall show upon their face that they are payable solely 
from said taxes when collected, and not otherwise, and such warrants 
/shall be received by any collector of taxes in payment of the taxes 
against v^hich the}' are issued, and which taxes against which said 
warrants or orders are drawn shall be set apart and held for their 
payment. 

director's order against uncollected funds. 

The treasurer of township No..., range No..., in county, 

will pay dollars to the order of for .., out of the 

proceeds of a tax levied , 1 

This order is issued and received in full settlement of the debt which 
it purports to pay, and it is payable from the said tax when collected. 

By order of the board Oi^ directors of district No..., in said township. 

, Pres. 

- ..., Clk. 



126 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

LIABILITY— Sec. 30. The school directors shall be liable as direc- 
tors for the balance due teachers, and for all debts legally contracted. 

Illegal Orders — An order issued by school directors,, except for 
teacher's wages, when there is no funds belonging to the district in the 
hands of the treasurer with which to pay the same is illegal and void. 
Section 29, above, provides that when a tax is levied, and not yet col- 
lected, the corporate authorities may draw on seventy-five per cent, of 
such levy, but the order must be endorsed as provided in the last part 
of the section. 23 111., App., (Smith) 649. 

No Compensation — The law makes it the duty of the members of 
school boards and the trustees of schools to hold the school elections, 
and for such services they are excused from road labor. In some in- 
stances school boards and trustees allow from the public funds pay 
for such services, AA^hich is an illegal use of the school funds, and the 
officers so appropriating mone}' can be made to cover the same back 
to the fund from which it is taken. If the persons whose dutj' it is to- 
act as judges and clerks of school elections fail or refuse to act, the law 
makes no provision for paying those who are chosen to perform these 
duties. The officers, in addition to being compelled to replace the 
money so appropriated, are subject to a line. 

Must Inhabit — The statute sa3's when an officer ceases to be an 
inhabitant of the district, township, etc., his office becomes vacant. 
Hence, it ma3^ be well to note that there is a distinction between 
inhabitant and a resident. In a case where a school treasurer with his 
family went to another state and engaged in business, leaving the 
office in charge of a deputy, it is clear to our mind that he vacated the 
office by ceasing to be an inhabitant of the township. 

VOTE REQUIRED— Sec. 31. It shall m.t be lawful for a board of 
directors tc purchase or locate a school house site, cr to purchase, 
build or move a school house, cr to levy a tax to extend schools 
bej'ond nine months without a vote of the people at an election called 
and conducted as required by section 4 of article IX. of this act. A 
majority of the votes cast shall be necessary to authorize the directors 
to act: Provided, that if no one locality shall receive a majority of all 
the votes cast at such election, the directors may, if in their judgment 
the public interest requires it, proceed to select a suitable school house 
site; and the site, so chosen by them shall, in such case be legal and 
valid, the same as if it had been determined by a majority of the votes 
cast; and the site so selected by either of the methods above provided 
shall be the school house site for such district; and said district shall 
have the right to take the same for the purpose of a school house site 
either with or without the owner's consent, by condemnation or 
otherwise. 

Vote Not Limited — At an election called to vote upon the question 
of building a school house, and there is nothing in the election notice 
about selecting a site, if the vote is for building, then the board has the 
right to build a school house on the old site. 

A vote to build or to purchase a school site does not authorize the 
school board to borrow money. To build and to borrow money are 
•two distinct propositions. Hence, to vote to authorize one does not 
authorize the other, and in a vote on both questions a defeat of one 
leaves the other so the board will be unable to carrv it out. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 127 

In voting on the proposition to select a school site, if the election 
-notice is not specific, that is, each voter is left to vote as he pleases, 
(then, if no site receives a majoritv of the votes cast, the board has the 
•power to select a site; but if the notice is specific and no site has a 
majority of the votes cast at such election, then there must be a new 
election, as the board in such cases has no authority to select a site. 

If a school board deems an old site unsuitable for school purposes, 
the law authorizes the board to order an election for the purpose of 
■selecting a new one, and should the voters select a new site, the school 
t)oard has not the power to set the election aside, and order a new 
■election. Though the new site may have no highway to it, the board 
must abide bv the wall of the voters as expressed at the election. 178 
111., 15.. 

There is no authority in law for more than one polling place in a 
•school district, when voting on any proposition upon which the legal 
voters of a district are authorized to vote. 182 111., 219. 

Where a district selects a school site in a legal way, and the. owner 
-will not sell the same, the land may be condemned, if it is not in the 
•corporate limits of a city or village, and is not within forty rods of the 
•owner's dwelling house A site must be selected, as the law directs, 
before it may be condemned. Land may be condemned for the purpose 
of enlarging a site already in use. 25 Ohio, 229. 

"A township board of education cannot levy a tax for a township 
high school without a vote of the people. In view of section 41 of 
article 3 and section 31 of article 5 of the School Law (1889) a town- 
ship board created by section 40 of article 3 of the same law has no 
power to purchase a high school site, or erect a high school building, 
or to levy a tax to raise money for those purposes without the au- 
thority of a vote of the people." 175 111., 256. 

EMINENT DOMAIN— Siic. 32. In case the <;ompensation to be 
paid for the school house site mentioned in the preceding section 
■cannot for an\' reason be agreed upon or determined between the 
school directors and the parties interested in the land taken for such 
site, then it shall be the duty of the directors of such district to pro- 
ceed to have such compensation determined in th« manner which may 
be at the time provided by law for the exercise of the right of eminent 
domain: Provided, that no tract of land lying outside of the limits of 
any incorporated city or village, and lying within forty rods of the 
dwelling house of the owner of the land, shall be taken for a school 
site w^ithout the owner's consent. 

REMOVAL— Sec. 33. Any director willfully failing to perform his 
duties as director under this act, maj^ be removed by the county su- 
perintendent, and a new election ordered, as in other cases of vacancies. 

ORDER REQUIRED— Sec. 34. All funds belonging to any school 
district, and coming from any source, shall be paid out only on order 
of the board of directors, signed by the president and clerk of said 
board, or by a majority of the said board. In all such orders shall be 
stated the purpose for which or on what account such order was 
drawn. Such order may be in the following form: 

The treasurer of township No..., range No..., in countv, 

wnll pay to , or bearer dollars and ".. 

cents, (on his contract for repairing school house, or whatever the 



%2& MANUAL OF THE rLLrjSrorS SCHOOL LAW3V. 

purpose may be.) By order of the board of directors of scHool distric 
No..., in said township. 

A. B .,. f President... 

C......D , Clerk. 

teacher's order. 

The treasurer of township No..., range No..., in county^ 

will pay to ,or order, dollars for services- 

as teacher in our employ, from , 1 ., to , 1........ 

inclusive, being at the rate of dollar a month, for whicb 

time we have certified to schedules for such time as required by law. 

By order of the board of directors of district No..., this day 

.,... ^ ...., Fres. 

„..., , , Clk. 

Must State — .\n order drawn by a school board must state on its. 
face th,e purpose for which it was issued. (47 111., 525.) The law does- 
not authorize school boards to issue time orders nor an order drawing 
interest. In pursuance of a vote of the people, boards a.re authorized 
to issue bonds-, notes, and orders drawing interest if they are issued 
for borrowed money. 78- 111., 474; 91 III.., 402. 

Must Pay On Order— A school treasurer cannot legally pay out 
any money belonging to a schoo-1 district, except upon orders legally 
issued b-v the board, or if pupils attend school by transfer from one 
district to another in his township, then he is authorized to charge the 
district granting the permit, and to credit the district in which the 
pupils attend with the amount as- shown by proper evidence— the 
schedules. 

Must Not Pay— If the treasurer is called upon to pay an order that 
is not in form, as the law directs, or if he has knowledge that the 
order is illegal from any cause, it is his duty to decline to pay the same.. 
Void — ^A member of a school board cannot legally authorize another 
member to sign his name to any order, tax levy, contract, permit, 
election notice, or schedule.. Orders, permits, and contracts so signed 
are illegal and void. 47 111., 525;: 184 111., 240, 

TRANSFERS— Sec. 35. Pupils shall not be transferred from one 
district to another without the written consent of a majority of the 
directors of each district, which written consent shall be delivered to- 
and filed with the proper to-wnship treasurer, and shall be evidence of 
such consent. A separate schedule shall be kept for each district, and 
in each schedule shall be certified the proper amount due the teacher 
from that district,, computed upon the basis of the total number of 
days' attendance of all schedules. If the district from which the pupils 
are transferred is in the same township as the district in which the 
school is taught, the directors of said district shall deliver the separate 
schedules to their township treasurer, who shall credit the district in 
which the school was taught, and charge the other district with the 
respective amounts certified in said separate schedules to be due. If 
pupils are transferred from a district of another tow-nship, the 
schedule for that district shall be delivered to the directors thereof, 
who shall immediately draw an order on their treasurer in favor of the 
treasurer of the township in which the school was taught for the 
amount certified to be due in said separate schedule. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 129 

TUITION COLLECTED— Sec. 36. When a school is composed in 
part of pupils transferred, as provided for in the preceding section^ 
from other townships, the duty of collecting the amount due on ac- 
count of such pupils shall devolve upon the directors of the district in 
which the school was taughr. 

Cannot Bind — School directors, boards of education, and township 
trustees cannot bind their districts or townships when the members 
act separately or individually. Contracts so made do' not bind either 
party. A school order not authorized at a regular or a special meet- 
ing duly called is void, and the township treasurer should not pay it. 
School boards cannot make individual acts legal by attempting to 
ratify them at some future meeting. It is not necessary to follow this 
discussion, as it is sufficient to refer to the courts that sustain the 
opinion. 10 111., App., (Brad.) 229; 24 111., App., (Smith) 229; 22 
Ohio, 144; 27 Kan., 129; 47 Mich., 626; 4 Neb., 254; 29 Ohio, 418; 59 
Wis., 518; 35 Wis., L63;,37 Wis., 96; 41 N. J. L., 312; 89 Pa.. 395. 

District Not Bound — If the individual members of a school board 
purchase anything for the school district without an order from the 
board to make such purchase, the district is not liable for the pay- 
ment, even though the district htis used the goods so purchased. Tlie 
law creating school boards points out how they are to proceed in the 
discharge of their official duties, and to exercise their ])owers as such 
officers, and will not countenance and sanction acts which are in op- 
position to or in violation of the law. 67 Mo., 319. 

No Authority — A school board has no authority to purchase goods 
for the district when there are no funds on hand nor any in course of 
collection. Orders issued in payment of debts when there are no funds 
are void. If the orders are time orders,- or time orders with interest, 
they are illegal and cannot be collected. The only remedy the party- 
has for such claims is to go and get his goods if he can find them. 78 
111., 474. 

May Vote Twick — In an election to vote upon such special ques- 
tions as the law provides, shall be submitted to the people, though the 
propositions ma\' or may not carry, in the discretion of the board, the 
people may vote again upon the questions, if they so desire, but due 
notice must be given. If the people ask the privilege of the second 
vote, as a rule, boards should grant the request and call another elec- 
tion, and give them an opportunity to express their will. 

Such propositions as may have carried at the first election, but 
failed at the last election, are not annulled by the vote, but the board 
is legally bound to carry out the will of the people as expressed at the 
first election. 

Permits — Boards of directors in granting and accepting permits 
should take such action at meetings of the boards, and not by the 
members acting individually. School boards should make a full record 
of their acts concerning any permits granted or accepted by them. 
When a permit is accepted by a district, the teacher should be ad- 
vised of the nature of the terms, etc., and he should enter the facts in 
his register. School directors should not issue a permit, nor accept 
one for a longer term than that for which the teacher has contracted, 
if the term runs till after the April election, nor should they issue or 
accept one before the April election, the attendance to commence after 
the election. 78 111., 255. 

permit. 

By order of the board of directors in school distinct No..., in town- 
ship No..., range No..., permission is granted , who is a 

9 



130 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

resident of this district, and lawlul age, to attend school months 

in district No..., in township No..., range No... 

This order to continue in force till the day of , 1 

Dated this day of , A. D., 1 

, Pres. 

, Clk. 

Accepted by order of the board of directors in district No..., town- 
ship No..., range No..., this day of 1 

.., Pres. 

Clk. 

Separate Schedules — The law requires the teacher to make a 
separate schedule for the pupils transferred; hence, the permit should 
<;ontain the number of the district, etc., granting it, and the time for 
which it is granted. It is the teacher's duty to make these schedules 
at the time he makes the regular schedules for the district. If the pu- 
pils reside in the township in which the school is situated, the direc- 
tors, on finding the schedules correct, approve and file them with the 
tow^nship treasurer, and it is then the dut\' of the treasurer to charge 
the amount to the district granting the permit, and to credit the 
amount to the district accepting the permit. If the districts are in 
different townships, the directors granting the permit must approve 
the schedule on finding it correct, and issue an order for the amount 
due in favor of the district accepting the permit, and it is made the 
duty of directors, to whom the order is issued, to collect the money 
and immediately pay it to their township treasurer. 

Directors should give applications for transfers all due considera- 
tion, and should grant them, if it will serve the interest of particular 
pupils without any very material loss to the district. If the reasons 
for asking the transfer are good, such as long distance for young 
children, stream to cross, or bad roads, then the applicant should not 
be refused on the pretext that it will cost the district some money. 
Directors are the sole judges in such cases, and no appeal from their 
decision. 

If pupils who are not residents of a district attend a school, and 
have no permit to do so, the teacher should report such pupils to 
his board of directors that the matter may be settled and adjusted 
"wnthout delay by the school board. 

May Grant Use of House — School boards may grant the use of 
the school house, if it is not occupied by school, for Sunday schools, 
for religious meetings, literary meetings, and for such other meetings 
as may be thought proper by the directors. They are not authorized 
to grant the use for any great period of time as for the use of a private 
or "subscription school." The law says "temporary'," and means 
what it says. In the use of a school house for "temporary" purposes, 
it must be understood that the property must be left in as good condi- 
tion as tound. The books of pupils, the furniture, and apparatus 
must not be damaged. The wood or coal belonging to the district 
must not be used, unless paid for by the persons using it. For any 
damage to books of the pupils, or school property, the directors are 
individually and coUectivelv liable. 68 Hi., 530; 93 111., 61; 35 Ohio, 
143. 

Young Pupils — A school board may adopt a rule that for pupils 
under twelve years of age the day may be four hours, but for all others 
it appears that custom has made six hours a school day. The law on 
this point, like most others, it means what it says v^hen it says the 
day may be four hours, and it does not mean that it may be made 
three hours. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 131 

As to the time of opening and closing the schools is a matter for di- 
rectors to determine, but the law of custom will require them to have 
six hours daily. 

May Assign Pupils — Boards of education and directors havingtwo 
or more school houses in their districts are authorized to say which 
school each pupil of the district shall be permitted to attend; but the 
children must have equal privileges— one law for all. School boards 
are made the judges, and if they act in good faith, using their best 
judgment, no action or writ can be maintained against them.' 7L 111., 
333; 101 111., 308; 127 111., 613. 

Contagious Diskase— Pupils infected with diseases which are con- 
sidered contagious, or offensive, may be excluded for the time being 
from a school. The right to attend and receive the benefits of the pub- 
lic belongs to ail, but there are times when we must surrender these 
rights, as thev are rights in common, and not exclusive individual 
rights and privileges; therefore, such rights must be exercised under 
such restrictions that the same common rights held by others may not 
be interrui)ted. The right to exclude such children from the school 
does not come from any fault or violation on their part, but because 
their attendance is against the comfort and welfare of others in the 
school. Boards of education should not exclude longer than such 
time as the danger is past, or the offensiveness is removed. 

The courts in the states generally have held that if a pupil is in- 
fected with, or has been exposed to any contagious disease, it is suffi- 
cient reason for excluding such pupil from the school until such time as 
the danger is past. 31 la., 562; 116 Mass., 366; 38 Me., 164; 12 
Mass.. 127; 48 Vt., 444; 23 Mass., 224; 8 Cush., 160. 

It is quite clear that school boards have the right to enforce a rule 
excluding pupils, for the time being, from the benefits of the school, if 
such pupils have been exposed to any contagious disease, and the at- 
tendance of such pupils would endanger the hea th of others and 
spread the disease. At a time when there is an epidemic as small-pox, 
and there reasonably appears to be a necessity to prevent the spread ot 
the disease, the board may require the pupils to be vaccinated as a 
condition to continuing in the school. School boards cannot enforce 
this rule unless there is a necessity, or, as stated, "reasonably appears 
to be anecessity," until the danger from the diseaseispast. 167 111., 67. 

Moral Depravity — School boards are authorized to exclude from 
the schools pupils whose moral depravity is such as to endanger the 
morals of other pupils in the schools, even, though, such pupils do not 
violate anv rules of decorum and deportment while at school. 8 
Gushing, 160. 

Should Fix Time— School boards, when suspending or expelling a 
pupil, must fix the time for which the pupil is to stand exp-lled from 
the privileges of the school, unless sooner admitted by an order of the 
board. The time should not be longer than that in wh'ch the pupil 
may show to the board that he may be allowed to return without in- 
jury or danger to the school. It is not well for school boards to make 
a general rule which expels or suspends to the end of the school. 
Courts cannot sustain such a rule for the reason, that in many cases, 
it would be li'^ld as "unreasona le." 

In a case where a pupil was expelled in some part of the term of the 
school which expired on a day in January, and on the day following 
the pupil made application for admission to the school, but was re- 
fused, a circuit court held that such refusal was illegal, and granted a 
writ oi mandamus, ordering the directors and the teacher to admit the 



132 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

pupil on the ground, that as the board had failed to fix the time for 
which the pupil was expelled, the term time governed. 

Not Liable — The statute provides that school officers may not be 
held liable in damages for expelling or suspending pupils, when they 
act in good faith and from honest motives, in enforcing rules and regu- 
lations in the interest of the schools under their charge, unless their 
acts are malicious and wilfull, then they are liable in damages. 79 
111., 567; 95 111., 263. 

Not Reasonable — A circuit court held that the following rule was 
not sucli as school boards have a right to enforce and punish pupils by 
expulsion or suspension; and granted a writ of mandamus, directing 
the directors to admit the pupil to the school: 

"Every pupil who shall be absent six half days in four consecutive 
weeks, without any excuse from the parent or guardian satisfying the 
teacher that the absence was caused by his own sickness, or by sick- 
ness in the family, or to avoid a serious and imprudent exposure of 
health, shall forfeit his seat in the school. No pupil thus suspended 
shall return to the school till the parent or guardian has given satis- 
factory assurance that the pupil will be punctual in the future, and ob- 
tained permission from the priucipal to return." 

The pupil on going back to the school presented the following ex- 
cuse to her teacher, but was refused admission, and suspended from 
the school on the ground of the insufficiency of the excuse: 

"Miss Garrett will please excuse Mary's absence for the past two 
weeks, as she was visiting the St. Louis fair with my consent." 

"J. H. Ledlie." 
— Extract from Western Jurist. 

May Be Rec^uired — Excuses may be required of parents and 
guardians for absence or tardiness, if not of an unreasonable nature. 

The supreme court of Missouri said: "Suppose rule II. to be in 
verted, and instead of reading, as it does, should read thus: 'Any pu- 
pil is at liberty to go a-fishing during school hours, and be absent a 
half day or a whole day and as many days as he pleases, provided he 
ronducts hims-'lf decently when in attendance at school.' As this is 
the point to which the argument of the plaintiff tends, the pupil, it is 
urged, is at liberty' to be absent when he pleases, and such absence is a 
matter solely between him and his parents. But the studies in our 
public schools are classified, according to age aud advancement of the 
scholars, and the continued and repeated absence of one of a class not 
only is injurious to the absentee, but if allowed beyond a certain point 
is calculated to demoralize those who attend, and damage the orderly" 
instructions of the teacher. Taxes are not collected to pay teachers to 
sit in front of empty benches, or to hunt up truant boys. Such ab- 
sences, when without excuse, are the fault of the parents, whose busi- 
ness it is to see that the attendance of their children is regular, unless 
prevented by causes which will, of course, be an excuse under the rules 
now in ques"^tion." 71 Mo., 628; 116 Mass., 366. 

Regular Attendance Necessary — For successful school work the 
pupil's mind must be open to receive instruction, and, without this, it 
is a waste of time for the teacher to try to lead him forward in the 
studies and learning. To secure an application of the mind in a pupil, 
he must be interested in the studies. This cannot be done if the pupil 
is out one day, at school two daj's, and out a day, etc. 

In order to interest a pupil, he must understand the subject in which 
he is instructed. If a pupil has missed a lesson, he cannot gain the 
greatest benefit from the next, with all the efforts of the teacher to 
assist and explain to him. Irregular attendance of pupils retard the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 133 

progress of themselves and their class-mates, who may be prompt. 
All are hindered and delayed by imperfect and half understood lessons 
blundered over by those who do not comprehend the work in hand, 
and the sum total is, such pupils become discouraged and hold a dislike 
for school and the branches taught. 

Bible In School — Religious exercis s and the Bible in public 
schools is a "bone" of contention, and not infrequently results in much 
damage to a school in which such questions come up. Private schools 
are at liberty to conduct I'eligious exercises as their promoters deem 
tit, but the public schools shou'd be conducted in keeping with the 
spirit of the constitution and laws of the state establishing them. 
The constitution of Illinois has this clause on the subj.ct: "The free 
exercise and enjoyment of religious profession and worship, without 
discrimination, shall forever be granted, and no person shaU be denied 
any civil or political right, privilege or capacity, on account ot bis re- 
ligious opinions; ******** ^o person shall be required to 
attend or support any ministrv^ or place of worship against his con- 
sent, nor shall any preference bt: given by law to any religious denomi- 
nation or mode of worship. " 

It is frequently urged by some that a county superintendent should 
refuse to license those holding certain religious faiths or bJiefs. He 
cannot legally do so under the above quoted clause of the constitu- 
tion. If he should seek to interrogate an applicant on the subject, the 
person has the right to decline answering the questions. The clause ot 
the constitution quoted is clear and definite in its language and needs 
no comment. The constitution of the United States says: "Congress 
shall make no laws respecting the establishment of religion, or pro- 
hibiting the free exercise thereof." 

This clause leaves the matter so a state may establish a religion, 
and by law require it taugbt in the schools; and should a state see fit 
to establish a religion, congress could make no law prohibiting the 
action of the state. 

A state may establish a religious test for teachers who seek to teach 
in its public schools, and under such right could require a similar test 
for those who teach in any private school in the state. Illinois cannot, 
under the present state con:^titution, adopt such a law; hence, the dis- 
cussion need not be carrier i on at length more than to say that teach- 
ers should be broad and liberal on the sabject of the Bible and religious 
exercises in the public schools. If a teacher feels that he should open 
his school by reading from the Bible, or with prayer, he should ar- 
range for such exercises at a time when they will not trench on the 
rights of ttiose who hold different religious opinions and views, and 
leave all free to attend and take part or remain apart, as they may 
choose. No one has the right to interfere if a teacher desires to prav, 
or read from the Bible, if he feels that it is his duty. The school board 
has no authority to require him to discontinue the practice. Thev can 
advise with him, but he is free to do as his conscience dictates, so 
others are equally free. All agree that our schools should be kept free 
from sectarianism and party politics. The law of custom fixes the 
school day at six hours, and when there is any conflict between the 
school board and the teacher as to religious exercises in school, the 
directors ma\r i isist that such exercises must not occupy the time ol 
the regular school hours; but if the teacher feels that it his duty to 
engage in such exercise, he has the right to do so immediately before 
school time, or after the school hours have closed. 

Teachers are not authorized, in the use of text-books, or in recita- 



134 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

tions, to give any sectarian versions of any text with the view of in- 
fluencing the minds of their pupils. 95 111., 263. 

New York Opinion — "i pupil declined to read from a Testament 
in what is termed a religious exereise. The teacher consulted the 
school board on the subject, and on the next day again required the 
boy to read out of the King James Bible. The boy declined to do so, 
and declared 'his unwillingness to disobey his parents' orders and 
violate the precepts of his religion.' Whereupon the teacher chastised 
him with a ferule and then expelled him from the school.'' 

The state superintendent, on hearing the appeal, said: 

"Prayers cannot lorm any part of the school exercises, or be regu- 
lated by the school board. If had at all, they should be had before the 
usual hour lor commencing school in the morning, and after the school 
hours have closed. If any parents are desirous of habituating their 
children to the practice of thanking their Creator for His protection 
during the night and invoking His blessings on the labors of the day, 
the^' have a right to place them under the charge of the teacher for 
that purpose. But neither they nor the teacher have any authority to 
compel the children of other parents who object to the practice from 
dislike of the individual or his creed, or from any other cause, to unite 
in such prayers. And on the other hand, the latter have no right to 
obstruct the former in the discharge of what they deem a sacred duty. 
Both have rights; and it is only by a mutual and reciprocal regard by 
each to the rights of the other that peace can be maintained or a 
school can flourish. The teacher may assemble in his room before the 
school hour the children of those parents who desire him to conduct 
their religious exercises for them; and the children of those who object 
to the practice will be allowed to retire or absent themselves from the 
room. If thej^ persist in remaining there, they must conduct them- 
selves with the decorum and propriety becoming the occasion. If they 
do not so conduct, thev may be dealt with as intruders." New York 
Decisions, VIIL, 102. 

Church Holidays — In some school districts there are man3' pupils 
belongingto families that observe the church holidays and detain their 
children from the schools on those days, and for such absences, in 
some cases, the school boards have expelled the pupils from school. 

In a case of this kind taken to the supreme court of Vermont, Justice 
Barrett, in delivering the opinion, said: "The school boards were 
legally justified in acting as they did;" and went on to show that 
school boards are supreme in their rights over parents; that a citizen 
has no more right to disregard the rules made by a school board 
than he has to defy the law b}^ which the board was empowered. He 
said that if parents be allowed to set their wishes against the rules of 
the directors, then practically the ground of system, order and im- 
provement has no existence, and it makes no difference, so far as its 
effect on the school is concerned, whether the detention involves con- 
science, will, whim, or the pocket. 48 Vt., 444. 

Remark — Since the above decision was rendered, the then prevail- 
ing opinions on such matters have changed in some parts of the 
country, especially in the western states, though not materially 
changed in the eastern states. Under the decisions of some of the 
western supreme courts, if the pupil, when he returns to school after 
being out on account of a church holiday, furnishes a written state- 
ment from the parent or guardian, would be all the board could 
legally demand. 

Opinions — "I believe the Holy Scriptures, and especially that por- 
tion known as the New Testament, are proper to be read in schools by 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 135 

pupils who have attained sufficient literary and mental culture to un- 
derstand their import. I believe they may, as a matter of right, be 
read as a class-book by those whose parents desire it. But I am clearly 
of the opinion that the reading- of no version of them can he forced on 
those whose consciences and religion object to such version.^' State 
Superintendent Randall. 

The supreme court of Wisconsin held that the reading of the Bible 
in the public schools is unconstitutional. 76 Wis., 177. 

The school board of Cincinnati was sustained in forbidding the 
reading of the Bible in the schools. 23 Ohio, 211. 

The Chicago board was upheld in enforcing a similar rule. 95 
111., 263. 

Arkansas forbids granting a certificate to a person who does not 
believe in a Supreme Being, and Rhode Island advises that any teacher 
who is in the habit of ridiculing, or scoffing at religion, shall not be 
permitted to teach. 

Pennsylvania forbids anyone, while in the performance of duty as a 
teacher, to wear any dress, mark, emblem, or insignia, indicating that 
the person is a member or adherent of any religious order, sect, oi 
denomination. 



136 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



ARTICLE VI. 

BOARD OF EDUCATION. 



§ 1. Cities and villages. 

§2. Boards of education in all districts 
not less than 1,000 inhabitants; 
number of members. 

§ H. President of the board. 

§ 4. Duties and powers of the president. 

§ 5. Annual election of members; term 
of office. 

§ 6. Notice of election; form of notice. 

§ 7. Election on any Saturday. 

§ 8. Conduct of election. 

§ 9. Election of members of board of 
education to succeed directors. 

§ 10. Powers and duties of the board de- 
fined. 

§ 11. Yeas and nays. 

§ 12. Business to be done at a regular or 
special meeting. 

§ 13. Conveyance of real estate; how 
made. 

§ 14. School moneys in charge of tow^n- 
ship treasurer. 

§ 15. Special acts may be relinquished , 
manner of change and form of 
notice. 



§ 16. Redistricting under this act; election 
of school boards. 

§ 17. Number of members in board of 
education of cities having over 
100,000 inhabitants, and manner of 
their appointment. 

§ 18. Eligibility to membership in boards 
of education in such cities. 

S 19. Organization; employes of the 
board; terms, etc, 

§ 20. Records; yeas and nays. 

§ 21. Powers with concurrence of city 
council defined. 

§ 22. other powers defined. 

§ 23. Duties defined. 

§ 24. Business to be done at a regular 
meeting. 

§ 25. Conveyances of real estate made to 
city in trrst. 

§ 26. School moneys held by city treas- 
urer. 

§ 27. City not liable for excess of expendi- 
tures; boai d not authorized to tax, 

§ 28. Powers of board not to be exercised 
by city council. 

§ 29. Examine teachers. 



VILLAGES, ETC.; SPECIAL LAWS— Sec. 1. Incorporated cities 
and villages, except such as now have charge and control of free 
schools bx' special acts, shall be and remain parts of the school town- 
ships in which they are respectively situated, and be subject to the 
general provisions of the school law, except as otherwise provided in 
this article. 

BOARD ELECTED— Sec. 2. In all school districts having a popu- 
lation of not less than one thousand and not over one hundred 
thousand inhabitants, and not governed by any special act in relation 
to free schools now in force, there shall be elected, instead of the di- 
rectors provided by law in other districts, a board of education, to 
consist of a president of the board of education, six members, and 
three additional members for every additional ten thousand inhabi- 
tants. Whenever additional members of such board of education are 
to be elected bx^ reason of increased population of such district, such 
members shall be elected on the third Saturday of April succeeding the 
ascertaining of such increase by any general or special census, and the 
notice of such election shall designate the,term for which the members 
are to be elected, so that one-third of the board shall be elected for 
each year. Provided, that in no case shall said board consist of more 
than fifteen members. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 137 

PRESIDENT ELECTED— ^ec. 3. The president of said board of 
education shall be elected annually, at the same time the members of 
the board of education are elected, and he shall hold his office for the 
term of one year, and until his successor is elected and qualified. 

DUTIES — Sec. -i. The president of the board of education so elected 
shall preside at all meetings of said board, and shall give the casting 
vote in case of a tie between the members thereof, but otherwise he 
shall not have a vote. He shall sign all orders for the payment of 
money ordered by said board, and generally perform such duties as are 
imposed by lav^^ upon presidents of boards of directors, or that may be 
imposed upon him by said board of education, not in conflict with 
law: Provided, that in the absence or inability to act as said presi' 
dent, said beard may appoint a president pro tempore from their 
number. 

ANNUAL ELECTION— Sec. 5. The annual election of members of 
the board of education shall be on the third Saturday in April, when 
one-third of the members shall be elected for three years, and until 
their successors are elected and qualified. 

NOTICE — Sec. 6. Notice of such election shall be given by the 
board of education at least ten days previous to such election by post- 
ing notices in at least three of the most public places in said district, 
which shall specify the place whei'e such election is to be held, the time 
of opening and closing the polls and the purpose for which such election 
is held, wBich notice may be in the following form, to-wit; 

Public notice is hereby given, that on Saturday, the day of 

April, A. D., 1 , an election will be held at .., 

between the hours of and of said day, for the purpose 

of electing a president of the board of education of district No..., 

township No.., range No..., and members of the board of 

education of said district. 

Dated this day of.. , A. D., 1.. 

A B , President. 

C D , Clerk. 

FAILURE — Sec. 7. lu case of a failure to give the notice above 
provided for, stich election may be held on any Saturday after such 
notice has been given as aforesaid. 

CONDUCT OF ELECTION— Sec. 8. Such election shall be con- 
ducted in the same manner, and be governed b}' the provisions of this 
act relating to the election of boards of directors, except as otherwise 
provided by law. 

FIRST ELECTION— Sec. 9. At the first election of directors suc- 
ceeding the passage of this act, in any district having a population of 
not less than one thousand (1,000) inhabitants by the census of 1880, 
and in such other districts as may hereafter be ascertained by any 
special or general census to have a population of not less than one 
thousand (1,000) inhabitants, at the first election of directors oc- 
curring after taking such special or general census, there shall be 
elected a board of education, who shall be the successors of the di- 



138 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

rectors of the district; and all rights of property and all rights or 
causes of action existing or vested in such directors, shall vest in said 
board of education, in as full and complete a manner as was vested in 
the school directors. Such board, at its first meeting, shall fix, by lot, 
the terms of office of its members so that one-third ot them shall serve 
for one year, one-third for two years and one-third for three years, and 
thereafter one-third shall be elected annually on the third Saturday in 
April, to fill the vacancies occurring, and to serve lor the terra of three 
years. 

POWERS — Sec. 10. The board of education shall have all the pow- 
ers of school directors; and, in addition thereto and exclusive thereof, 
they shall have the power aad it shall be their duty — 

First — To establish and support free schools not less than six nor 
more than ten months in each year. 

Second — To repair and improve school houses,- and to furnish them 
with the necessary fixtures, furniture, apparatus, libraries and fuel. 

Third — To examine teachers as supplemental to any other exami- 
nation, to employ teachers and to fix the amount of their salaries. 
[As amended by act approved June 19, 1893.] 

teacher's contract. 

This agreement, made and entered into, by and between the board 

of directors of district No..., township No..., range , county 

ot , State of Illinois, and , 

a legally qualified teacher in the county, witnesseth: 

That the said agrees to teach the common 

school in said district, for the term of school months, com- 
mencing on the ..... day of 1 , and that will 

faithfully instruct and impartially govern the children and youth who 
may attend the same, keep a register of the daily attendance and 
studies of each pupil, make the report required by law, and endeavor to 
preserve in good condition and order the school house, grounds, turni- 
ture, apparatus, and such other district property as may come under 
the immediate supervision of said teacher. The said teacher further 
agrees to strictly conform to the rules and regulations established by 
said board of directors for said school, and will faithfully perform the 
duties required of teachers as defined in Art. VII., School Law of 1889. 

That the board of directors aforesaid, for themselves and their suc- 
cessors in office, in the name and in behalf of the district aforesaid, 
hereby agree to keep the school house in which said school is to be 
taught, in good repair, and to see that it is furnished with the neces- 
sary fuel and appendage for the comfort and convenience of the teacher 

and pupils, and to pay the said for services as 

teacher, the sum of dollars per school month, 

to be paid at the end of each month: Provided, that in case the said 

should be dismissed from said school by the 

said directors, or their successors in office, for incompetency, cruelty, 
negligence, immorality, or a violation of any of the stipulations of this 

contract, or in case h certificate should be revoked by the county 

superintendent, h shall not be entitled to compensation, after 

such dismissal or revocation. 



MANUAL OF THE ILLINOIS SCHOOL LAWS, 139 

Signed bv order ol the board of directors of said district, this 

day of ' , A. D., 1 

, President. 

, Dist. Clk. 

, Teacher. 

NOTE — This contract should be made out in duplicate, and one copy given to the 
teacher. No board should allow a teacher to commence school until written contract 
is properly signed by boih parties 

Fourth — To establish schools of different grades, and make regu- 
lations for the admission of pupils into the same. 

Fifth — To buy or lease sites for school houses, with the necessary 
grounds: Provided, it shall not be lawful for such board of educa- 
tion to purchase or locate a school house site, or to purchase, build 
or move a school house, unless authorized b\" a majority of all voters 
voting at an election called for such purpose in pursuance of a peti- 
tion signed by not less than five hundred (500) legal voters of such 
district, or by one-fifth of all the legal voters of such district, 

Construction — This clause most certainly means that if there are 
500 or more legal male voters in the district, the petition must be 
signed by 500 of them, but if less than 500 such voters 'n the district, 
one-fifth of them must sign. The act approved June 19, 1891, in force 
July 1, 1891, undoubtedly does not confer the legal right upon women 
to sign such petitions, nor to vote upon the questions enumerated in 
the clause. Hence, it is quite clear that women do not enter into the 
count of the voting population in such cases, as the act mentioned 
gives them the right to vote for directors, trustees, members of boards 
of education and trustees of the State University; nothing more. 

Sixth — To levy a tax, annually, upon the taxable property of the 
district, in the manner provided in article VIII. of this act, for the 
purpose of supporting and maintaining free schools in accordance 
with the powers herein conferred: Provided, that it shall not be 
lawful for such board of education to levy a tax to extend schools 
beyond a period of ten months in each year, except upon petition of 
a majority of the voters of the district: And, provided further, that all 
taxes shall be levied under the limitations relating to the percentage of 
the assessment, as provided by section L, article VIII. of this act. 

Seventh— To employ, should they deem it expedient, a competent 
and discreet person or persons as superintendent or superintendents 
of schools, and fix and pa3^ a proper salary or salaries therefor, and 
such superintendent may be required to act as principal or teacher in 
such schools. 

Eighth — To lay off and divide the district into sub-districts, and 
from time to time alter the same, create new ones and consolidate 
them. 

Ninth — To visit all the public schools as often as once a month to in- 
quire into the progress of scholars and the government of the schools. 

Tenth — To prescribe the method and course of discipline and in- 
struction in the respective schools, and to see that they are maintained 
and pursued in the proper manner.* 

Eleventh — To expel any pupil who may be guilty of gross disobe- 



140 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

dience or misconduct. No action shall lie against them for such ex- 
pulsion. 

Twelfth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from anj 
cause, the mterests of the school may, in their opinion, require such 
removal or dismissal. 

Absolute Power — This clause gives boards of educp.tio'n the power 
to discharge a teacher at will, and leaves the discharged without any 
remedy for damages. The legislature has given greater power to 
boards of education than is given to boards of directors. The board 
of education at Carbondale, 111., on May 16, 1898, em'|)loyed a cit3' 
superintendent for eight months, and at the same meeting other teachers 
were employed, but such a protest was raised hy the patrons of the 
school that at a subsequent meeting on May 24, 1898, the board re- 
scinded its former action and employed a new corps of teachers. When 
the time came to open the schools, Mr. Stotler, the first employed su- 
perintendent, presented himself for work, but he was informed that his 
services were not needed. After the term was up, for which be had 
been employed, he brought suit in the Jackson county circuit court and 
was given a judgment for $640.00 damages, the amount he would 
have drawn had he not been discharged. The board appealed to the 
appellate court for the fourth district which court at its February 
term, 1901, reversed the decision of the lower court. The decision is 
based on that section of the law which clothes boards of education, 
not only with all the powers invested in boards of directors, but with 
the additional option of dismissing a teacher whenever, from an\'- 
cause, the interests of the school may, in the opinion of the board, re- 
quire the dismissal or discharge of the teacher. The court holds that 
in such cases the causes for removal or dismissal are made to depend 
on the opinion of the board, and not on the inability or action of the 
teacher. Hence, the latter has no recourse, but stands in the same 
position as though he had contracted to teach so long as his services 
were satisfactory to the board. 

Thirteenth — To apportion the scholars to the several schools. 

Fourteenth — To establish and promulgate all such bv-laws, rules 
and regulations for the government and for the establishment and 
maintenance of a proper and uniform system of discipline in the sev- 
eral schools as ma}"-, in their opinion, be necessary. 

Fifteenth — To take charge of the school houses, furniture, grounds 
and other property belonging to the district, and see that the same are 
kept in good condition, and not suff'.ired to be unnecessarily injured or 
deteriorated. 

Sixteenth — To provide fuel and such other rtecessaries for the 
schools as, in their opinion, may be required in the school houses, or 
other property belonging to or under the control of the district. 

Seventeenth — To appoint a secretary and provide well-bound books 
at the expense of the school tax fund, in which shall be kept a faithful 
record of all their proceedings. 

Eighteenth — To annually prepare and publish in some newspaoer; 
or in pamphlet form, a report of the number of pupils instructed in 
the year preceding, the several branches of study pursued by them. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 141 

of the number of persons between the ages of twelve and twenty-one 
unable to read and write, and the receipts and expenditures of each 
school, specifying the source of such receipts and the objects of such 
expenditures. 

"YEAS'" AND "iV^FS"— Sec. 11. In all question? involving the 
expenditure of money, the yeas and na3's shall be taken and entered on 
the records of the proceedings of the board. 

MEETINGS — Sec. 12. None of the powers herein conferred upon 
boards of education shall be exercised by them, except at a regular or 
special meeting of the board. 

CONVEYANCES^^QC. 13. All conveyances of real estate shall be 
made to the township trustees in trust for the use of schools, and no 
conveyance of any real estate or interest therein used for school pur- 
poses, or held in trust for schools, shall be made, except b3' the board 
of trustees, upon the written request of such board of education. 

TREASURER CUSTODIAN— Sec. 14. All money raised by taxa- 
tion for school purposes, or received from the state common school 
fund, or from any other source, for school purposes, shall be held by 
the township treasurer as a special fund for school purposes, subject to 
the order of the board of education, upon warrants signed by the 
president and secretary thereof. 

* See act requiring and regulating- the study of plivsiology and hygiene, approved 
June 9. 1897. ' ■ 

SPECIAL LA W SURRENDEREDSec. 15. Any city, incorporated 
town, township or district, in which free schools are now managed 
under any special act, may, by vote of its electors, cease to control 
such schools under such special act, and become part of the school 
township in which it is situated, and subject to the control of the trus- 
tees thereof, under and according to the provisions of this act. Upon 
petition of fiftj^ voters of such city , to wn, township or district, presented 
to the board having control and management of schools in such city, 
town, township or district, it shall be the duty of such board, at the 
next ensuing election to be held in such city, town, or township or dis- 
trict, to cause to be submitted to the voters thereof, giving not less 
than fifteen da\'s' notice thereof, by posting not less than five notices 
in the most public places in such city, town, township or district, the 
question of "Organization under the Free School Law," which notice 
shall be in the following form, to- wit: 

Public notice is hereby given, that on the day of , 

A. D., 1 , an election will be held at , between 

the hours of M. and M. of said day, for the purpose of 

deciding the question of "Organization under the Free School Law." 

REDISTRICTINGSec. 16. If it shall appear, on a canvass of the 
returns of such election, that a majority of the votes cast at such elec- 
tion are "For Organization under the Free School Law," then at the 
next ensuing regular meeting of the board of trustees of the township 
or townships, in which such city, incorporated town, township ox dis- 



142 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

trict is situated, said trustees shall proceed to redistrict the township 
or townships as aforesaid, in such manner as shall suit the wishes and 
convenience of a majority of the inhabitants in their respectiv^e town- 
ships, and to make a division of funds and other property in the 
manner provided for by section 63 of article III. of this act, and on 
an3^ Saturday thereafter there shall be elected, in each of the new 
districts so formed, a director, directors or board of education, as the 
case may be, in the manner provided for in section 6 of article V. of 
this act, and thereafter such districts shall proceed as other districts 
under this a^t; but all subsequent elections of directors or boards of 
education shall be conducted as provided in sections 5 and 8 of article 
V. of this act.* 

100,000 INHABITANTS— Sec. 17. In cities having a population 
exceeding one hundred thousand inhabitants, from and after this act 
shall take eifect, the board of education shall consist of twenty-one 
members, to be appointed by the ma3ror, by and with the advice and 
consent of the common council, seven of whom shall be appointed for 
the term of one year, seven for the term of two years, and seven for 
the term of three years: Provided, however^ that in such cities 
wherein there is now a board of education, holding their office by ap- 
pointment, such officers shall continue in office until the time at which 
their terms would have expired under the law in force at the time of 
their appointment. At the expiration of the term of any members of 
said board, their successors shall be appointed in like manner and shall 
hold their office for the term of three years. Any vacancy which may 
occur shall be filled by the appointment of the mayor, with the ap- 
proval of the common council, for the unexpired term: And, provided 
further, that from and after this act shall take effect, there shall be ap- 
pointed by the mayor, by and with the advice and consent of the com- 
mon council, six members, two of whom shall be appointed for the 
term of one year, two for the term of two years, and two for the term 
of three years. [.As amended by act approved June 22, 1891.] 

ELIGIBILITY — Sec. 18. Any person having resided in any such 
citv more than five years next preceding his appointment, shall be 
eligible to membership of such board of education. 

PRESIDENT AND SECRETARY— Sec. 19. The said board of edu- 
cation shall appoint a president and secretary, the piesideut to be ap- 
pointed from their own number, and shall appoint such other officers 
and emplo^'cs as such board shall deem necessary, and shall prescribe 
their duties and compensation and terms of office. 

RECORDS— Sec. 20. The said board shall provide well-bound 
books, at the expense of the school tax fund, in which shall be kept a 
faithful record of all their proceedings. The yeas and nays shall be 
taken and entered on the records of the proceedings of the board upon 
all questions involving the expenditure of money. 

* See further provision in act approved June 2, 1891, and act approved June 10,. 1897. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 143 

CONCURRENT ACTION— Sec. 21. The said board of education 
shall have charge and control of the public schools in such cities, and 
shall have power, with the concurrence of the city council — 

First — To erect or purchase buildings suitable tor school houses, 
and keep the same in repair. 

Second — To buy or lease sites for school houses, with the necessarv 
grounds. 

If said board of education shall be unable to agree with the owner 
or owners for the purchase of such site, then with the concurrence of 
the city council it ma^' acquire the title to said site in the manner that 
may be now or hereafter provided for by law of eminent domain. 
Such proceedings, to condemn, shall be in the name of the city in trust 
for the use of the schools. [As amended April 22, 1899; in force July 
1, 1899.] 

Third— ^To issue bonds for the purpose of building, furnishing and 
repairing school houses, for purchasing sites for the same, and to pro- 
vide for the payment of said bonds; to borrow money for school pur- 
poses upon the credit ol the city. 

POWERS — Sec. 22. The said board of education shall have power — 

First — To furnish schools with the necessary fixtures, furniture and 
apparatus. 

Second — To maintain, support and establish schools, and supply 
the inadequacy of the school funds for the salaries of school teachers 
from school taxes. 

Third — To hire buildings or rooms for the use of the board. 

Fourth — To hire buildings or rooms for the use of schools. 

Fifth — To employ teachers and fix the amount of their compensa- 
tion . 

Sixth — To prescribe the school books to be used, and the studies in 
the different schools. 

Seventh — To lay off and divide the city into school districts, and 
from time to time alter the same and create new ones, as circumstances 
may require, and generally to have and possess all the rights, powers 
and authority required for the proper management of schools, with 
power to enact such ordinances, as may be deemed necessary and ex- 
pedient for such purpose. 

Eighth — To expel any pupil who may be guilty of gross disobedience 
or misconduct. 

Ninth — To dismiss and remove any teacher whenever, in their 
opinion, he or she is not qualified to teach, or whenever, from anv 
cause, the interests of the school may, in their opinion, require such 
removal or dismission. 

Tenth — To apportion the scholars to the several schools. 

Eleventh — To lease school property, and to loan moneys belonging 
to the school fund. 

DUTIES— Sec. 23. It shall be the duty of such board of education— 



144 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

First — To take the entire superintendence and control of the schools 
in such cities. 

Second — To examine all persons offering themselves as candidates 
for teachers, and when found well qualified to give them certificates 
gratuitously. 

Third — To visit all the public schoo^ls as often as once a month. 

Faurth — To establish all such by-laws, rules and regulations for 
the government and for the establishment and maintenance of a 
proper and uniform system of discipline in the several schools as mav,. 
in their opinion, be necessary. 

Fifth — To determine from time to time how many and what class 
of teachers may be employed in each of the public schools, and employ 
such teachers and fix their compensation. 

Sixth — To take charge of the school houses, furniture, grounds and 
other property belonging to the school districts, and see that the same 
are kept in good condition and not suffered to be unnecessarily injured 
or deteriorated. 

Seventh — To provide fuel and such other necessaries for the schools 
as, in their opinio-n, may l>e required in the school hauses, or other 
property belonging to the said districts. 

Eighth — To inquire into the progress of scholars and the govern- 
ment of the schools. 

Ninth — To prescribe the method and course of discipline and in- 
struction in the respective schools^ and to see that they are main- 
tained and pursued in the proper manner. 

Tenth — To prescribe what studies shall b-e taught, and what books 
and apparatus shall be used. 



* See act requiring and regulating the study of phy&iology and hys^iene, approved] 
June 9, 1897. 

Eleventh — To report to the city council, from time to time, an3'- 
suggestions they may deem expedient or requisite in relation to the 
schools and school fund, or the management thereof cUid generally to 
recommend, the establishment of new schools and districts. 

Twelfth — To prepare and publish an annual report, which shall in- 
clude the receipts and expenditures of each school,, specifying the source 
of such receipts aad the object of such expenditures 

Thirteenth — To commtinicate to the city council, from time to time^ 
such information within their possession as may be required. 
• AT MEETINGS ONLY— Sec. 24. None of the powers herein con- 
ferred upon the board of education of such cities shall be exercised by 
them except at a regular meeting of such board. 

CONVEYANCES— Sec. 25. All convevances of real estate shall be 
made to. and the title of all such as shall be acquired by condemnation, 
shall rest in the city in trust for the use of the schools, and no sale of 
real estate or interest therein used for school purposes or held in trust 
for schools, shall be made,, except by the city council, upon the written 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 145 

request of such board of education. [As amended April 22, 1899; in. 
force July 1, 1899.] 

CITY TREASURER— Sec. 26. All moneys raised by taxation for 
school purposes or received from the state common school fund, or 
from any other source for school purposes, shall be held by the city 
treasurer as a special fund for school purposes, subject to the order of 
the board of education, upon warrants to be countersigned by the 
mayor and comptroller, if there shall be any city comptroller ap- 
pointed; if not, then the city clerk. [As amended April 22, 1899; in 
force July 1.1899.] 

EXPENDITURES LIMITED— Sec. 27. Said board of education 
shall not add to the expenditures for school purposes anything- over 
and above the amount that shall be received from the state common 
school fund, the rental of school lands or property, and the amount 
annual! V appropriated for such purposes. If said board shall so add 
to such expenditure the city shall not, in any case, be liable therefor. 
And nothing herein contained shall be construed so as to authorize 
any such board of education to levy or collect any tax upon the de- 
mand, or under the direction of such board of education.- 

NO SCHOOL BOARD POWER— Sec. 28. All schools in such cities 
shall be governed as hereinbefore stated, and no pov^er given to the 
board of education shall be exercised by the city council of such city. 

AMENDMENT— Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That article 6 of an act, 
entitled "An act to establish and maintain a system of free schools," 
approved and in force May 21, 1889, be and the same is hereby 
amended by adding thereto a new section, to be known as section 29, 
as follows: 

MAY GRANT CERTIFICATES— Ssc. 29. Boards of education in 
all cities having but o le board exercising jurisdiction over the schools ' 
of the district, of which said city may be a whole or part, and having 
a population exceeding thirty thousand and not exceeding one hundred 
thousand inhabitants, as shown by the last preceding federal or school 
census, shall have power to examine all persons offering themselves as 
candidates tor teachers, and when found well qualified to give them, 
certificates. Any such certificate shall be held to authorize such 
teacher to receive compensation therefor from the public school fund. 
The examination herein provided for shall in every case extend to and 
include all the branches enumerated in the examination now, or which 
shall be hereafter required, by general law, to be given by county su- 
perintendents, and shall not be construed so as to dispense with the 
teaching in the public schools of this st'ate of any study which is now, 
or may hereafter be prescribed by general law. Every applicant for a 
teacher's certificate shall pay to the board of education the fees which 
may be required to be paid to the countv superintendent bv general 

10 



146 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

law, and said board shall transmit the same monthly to said county 
superintendent. 

Sec. 2. All acts and parts of acts in conflict with this act are hereby 
repealed. [As amended April 24, 1899; in force July 1, 1899.] 

Months of School — It is the duty of a board of education to main- 
tain school in the district for at least six months, and may provide for 
ten months. 

All school boards may examine applicants for their schools in addi- 
tion to the examination made by the county superintendent, and are 
not required to accept his certificate as final and conclusive. Generally 
speaking, boards do not make these additional inquiries and tests, but 
it is a right and a duty that should be performed, as the additional in- 
formation would in man3- cases enable boards to make better selections 
of teachers. 

Other Branches — Boards of education and directors have the 
right to introduce other studies than those named in the school law, 
or they may submit the question to the voters at the annual election 
of members of the board. 

Post Statement — Boards of directors are rec[uired to post, at the 
place of voting for the information of the voters, a statement of re- 
ceipts and expenditures for the year. Boards of education are required 
to publish in some newspaper, or pamphlet form, a report showing the 
number of pupils instructed in the preceding year, the several branches 
of stud}' pursued by them, the number of persons between the ages of 
twelve and twent^'-one unable to read and write, and the receipts and 
expenditures of such school, specifying the source of such receipts and 
the objects of such expenditures. This report is to take the place of 
the one which directors are required to make and post at the annual 
election. 

Vote Required — Boards of education, except in districts under 
special charter, have no authority to levy tax to build, to borrow 
money, or refund old bonds or loans, onU' bj^ a vote of the people au- 
thorizing such. The law governing the building of a school house must 
be follovi^ed strictlj^ b_v school boards. 23 111., App., (Smith) 629. 

Special Census — The law does not make it the duty of any officer 
or officers to take a special censiis. A board of directors may order 
such a census taken, but in doing so they should cause such order to 
be spread upon their record. The result of the count showing the 
number of inhabitants in the district should be returned to the clerk of 
the board, and by him entered upon the books of his office. If the re- 
turns show one thousand or more inhabitants, then it is the dutj' of 
the board to make an order for the election of a board of education at 
the next annual election of directors. If the board fails to take action, 
then the board of trustees may order a special count in the district, 
and the person or persons taking such special census must be sworn to 
the result and file the same with the trustees, and if the district is 
found to have one thousand or more inhabitants, the directors should 
arrange for the election of a board of education. Should the directors 
fail to perform their duty, it will be the duty of the township treasurer 
to order the election, the same as in other cases of failure or default on 
the part of directors. An election held in pursuance of the order of the 
treasurer will be legal, and the board of education elected at such 
election will be fully authorized to proceed to organize and take charge 
of all public schools of the district. 

If a district changes from a board of directors to a board of educa- 
tion, no power nor duties are lost, and none added, except such as are 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 147 

given to boards of education by law. The president of the board is 
elected annually by the people, but the board elects a secretary, either 
from their number, or they may select some person who is not a mem- 
ber of the board. 

The president cannot be counted to make a quorum. It is his duty 
to preside at all meetings, sign orders and vote in case of a tie. 
He may perform such other duties as the board may impose upon him 
from time to time. 

Petition Not Required— A petition of the legal voters of the dis- 
trict to authorize the trustees to sell real estate is not required in a 
district under the control of a board of education. The law authorizes 
the trustees to sell real estate upon the written request of the board. 

No Provision— We fail to find any provision in the law for filling 
vacancies in a board of education, but there can be no doubt that the 
law governing vacancies in boards of directors apply in case of a va- 
cancy in a board of education. 

Legislature— Special laws relating to schools may be repealed by 
the legislature, and such repeal leaves the matter just where it was 
prior to the special act. If the law so repealed related to a special dis- 
tiict, then the property of the district vests in the trustees, and the 
funds belonging to such special district and held by special treasurer 
should be paid to the township treasurer. 

Such repeal of the law for a special district opens the entire town- 
ship or townships for redistricting, but if the trustees deem best they 
may not disturb the other districts, and proceed to erect a government 
for the district whose special law has been repealed, and order an 
election of a board of directors for such district. Section 15 of this ar- 
ticle is clear, without further comment. 142 111., 650. 

Assignee's Peril — School orders maybe assigned or endorsed so as 
to give title to the assignee and empower him to sue in his own name. 
The assignee takes such orders on his own judgment and at his own 
peril. He must know the law and ascertain for himself what defences 
against collection. 68 111., 514. 



148 MANUAL GF THE ILLINOIS SCHOOL LAWS. 

ARTICLE VII. 

TEACHERS. 

§ 10. Annual institute. 



§ 1. Age and qualifications; graduates of 
county normal schools. 

§ 2. State certificates. 

§ 3. First and second grade certificates; 
subjects for examination; renewal 
and revocation; form of certificate. 

§ 4. Record by county superintendent. 

§5. Must have a certificate. 

§ 6. Subjects to be taught. 

§ 7. Examination by county suoerintend- 
ent. 

§ 8. Fee to be charged. 

§ 9, Moneys thus received paid to count)' 
treasurer. 



§ 11. No deduction of wages when attend- 
ing institutes held on school days. 

§ 12. Responsible for the property of the 
district. 

§ 13. Must keep registers; form of regis- 
ter, 

§ 11. Schedules, or statements of attend- 
ance to b? made; form of schedule. 

§ 15. Schedules to be delivered to direc- 
tors; certificate of directors. 

§ 16. Teacher's wages payable monthly; 
unpaid orders to draw interest. 

§ 17. School month; holidays. 



TEACHER'S QUALIFICATIONS— Sec. 1. No teacher shall be au- 
thorized to teach a common school tinder the provisions of this act 
who is not of good moral chai'acter, at least eighteen years of age, if a 
male, or seventeen years of age, if a female, and who does not possess 
a certificate of qualifications as hereinafter provided for: Provided, 
that in any countj- in which a county normal is established, under the 
control of a county board of education, the diplomas of graduates in 
said normal school shall, when directed by said board, be taken by the 
county superintendent as sufficient evidence of qualification to entitle 
the holder to a first grade certificate; but such diplomas shall not be 
sufficient after two years from such graduation. 

STATE CERTIFICATES— Sec. 2. The state superintendent of 
public instruction is hereby authorized to grant state certificates to 
such teachers as may be found worthy to receive them; such certifi- 
cates shall be of two grades, and both shall be valid in every countv 
and school district in the state. The higher grade shall bevahd during 
the lifetime of the holder, and the lower grade shall be valid for five 
years. But state certificates shall only be granted upon public exami- 
nation, of which due notice shall be given, in such branches and upon 
such terms and by such examiners as the state superintendent and the 
principals of the state universities may prescribe. Said certificates 
may be revoked by the state superintendent upon proof of immoral or 
unprofessional conduct. [As amended by an act approved April 28, 
1893.] 

RULES AND TERMS. 

The rules and requirements for state certificates are in general as 
follows: 

1. To furnish to the state superintendent, prior to examination, 
satisfactory' evidence of good moral character. 

2. To have attained, prior to examination, the age of twenty-one 
years. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 149 

- 3. To furnish to the state superintendent satisfactory evidence of 
having caught with decided success, not less than three years (twenty- 
one months), at least one year of which shall have been in this state. 
The year in this state shall have been at a time not more than five 
3'ears previous to the time of examination. 

FOR FIVE YEAR CERTIFICATE. 

4. To pass a satisfactory examination in the following two groups 
of subjects: 

Group 1. Reading, Orthography, Arithmetic, English Grammar, 
Geography, History of the United States, Civil Government, including 
the Constitution oKthe United States and the Constitution of Illinois; 
Pedagogics, with an original essay on some topic or topics connected 
therewith, to be suggested at the examination; School Law of Illinois. 

Group 2. Algebra, Plane Geometry, Physics, Physiologv and Anat- 
omy, Botany, Zoology, General History, English Literature. 

FOR LIFE CERTIFICATE. 

5. For the life certificate the candidate will be examined in all the 
above subjects, and also, to greater extent, in one group of the follow- 
ing elective groups: 

a. Group of Mathematics, including Algebra, Geometry, Trigo- 
nometry, Physics and Astronomy. 

h. Group of Sciences, including Botany, Zo'ologj^, Geology, Chem- 
istry. 

c. Group of Languages, including Latin, Greek, German and 
French; two of these to be selected by the candidate. 

Satisfactory evidence relative to character, length of time taught, 
and success, must be furnished before a candidate can be admitted to 
the examination. 

Papers forwarded as testimonials must be original in all cases. If 
any teacher wishes the originals returned, copies thereof, for filing in 
the office, must be sent with the originals. When copies are so sent, 
the originals will be returned, but not otherwise. 

Note — The above is varied each year in some respect, and made 
public about six months prior to the date for the examination of 
applicants. 

EXAMINATIONS— ^&(^. 3. It shall be the duty of the county su- 
perintendent to grant certificates to such persons as vs\a.j , upon due 
examination, be found qualified. Said certificates shall be of two 
grades; those of the first grade shall be valid in the county for two 
years, and shall certify that the person to whom such certificate is 
given is of good moral character, and is qualified to teach orthog- 
raphy, reading in English, penmanship, arithmetic, English grammar, 
modern geography, the elements of the natural sciences, the History of 
the United States, physiology, and the laws of health. Certificates of 
the second grade shall be valid for one year, and shall certify that the 
person to whom such certificate is given is of good moral character, 
and is qualified to teach orthography, reading in English, penmanship, 
arithmetic, English Grammar, modern geography, and the History of 
the United States: Provided, that teachers exclusively teaching music, 
drawing, penmanship, book-keeping. German, or any sjxcial studv, 
shall not be required to be examined, except in reference to such special 
study; and, in such cases, it shall not be lawful to employ such teach- 



150 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

ers to teach any branch of study, except such as they have been ex- 
amined upon, and which shall not be stated in the certificate. The 
county superintendent may, in his option, renew said certificates at 
their expiration by his endorsement thereon, and may revoke the same 
at any time for immorality, incompetency, or other just cause. Said 
certificates may be in the following form, viz.: 

, Illinois, ,., A. D., 

The undersigned, having examined . in orthography, 

reading in English, penmanship, arithmetic, English grammar, modern 
geography, the History of the United States, and methods of teaching, 

and being satisfied that is of good moral character, 

hereby certifies that qualifications in the above 

branches are such as to entitle to this certificate, 

being of grade, and valid in said county for year , 

from the date hereof, renewable at the option of the county superin- 
tendent by his endorsement thereon. 

Given under mv hand and seal at the date aforesaid. 

A. B., 
County Superintendent of Schools. 

[As amended by an act approved June 21, 1895.] 

RENEWAL. 

, 1 

The within certificate is hereby renewed for year, , 

from the day , 1 ..., the date of its expiration. 



County Superintendent. 

COUNTY superintendent's REVOCATION NOTICE. 

, 1 

To 

You are hereby notified that the certificate of qualificaticm held b3' 

3"ou as a teacher in county, bearing date , , 

1 , is hereby- revoked. 



Count}' Superintendent of County. 

Remark — If the certificate cannot be taken up from any cause, a 
notice in forqi as above should be inserted in some newspaper of the 
county. If the teacher surrenders the certificate and stops teaching, 
then the notices are unnecessary. When a certificate is not taken up, 
notice of revocation should be given to the school directors of the dis- 
trict employing the holder of such certificate, and the township treas- 
urer should be notified not to pay any money to the teacher for time 
taught after the date of the revocation of the certificate. 

Is a Violation — That the law is in some Instances violated by 
county superintendents there is little doubt, in granting certificates 
without an examination. For a county superintendent to do this is 
an open violation; but it is not only an open violation, but is a palpa- 
ble violation of, and a disiegard for, the law. The custom of adopting 
the examination of others as his own, and issuing certificates thereon, 
is neither in keeping with the letter nor the spirit of the law. 

The law authorizes the county superintendent to renew certificates 
if he deems it proper to do so. There are a lew cases in each county in 
which it is right and just to grant renewals, but, as a rule, renewing 
certificates is not the best for the schools, and too frequently results in 
retarding the progress of the educational system, and not unfrequently 



MANUAL OF THE ILLINOIS SCHOOL L'XWS. 151 

favors the class of teachers that is ever ready to sit still and make no 
educational grovs^th. There is but one case in which the county super- 
intendent can legally grant a cc-rtificate without an examination, and 
that is to graduates of the county normal school of the county, if 
recommended by the county board of education within two 3'ears after 
graduation. 

Cannot Renew — When a certificate has expired, the law gives the 
county superintendent no power to renew and revive such certificate. 
An effort to revive one by endorsement, though dead but a few da\'S 
or even one day, is forbidden. To autidate a certificate is a violation 
of law, for which a county superintendent could be removed from 
office. The law permits a county superintendent to renew a certificate 
issued by his predecessor if done before expiration. 

The law fixes the minimum age for females at seventeen years, and 
for males at eighteen years for a certificate; and while the statute re- 
gards persons under twenty-one years of age as infants, if ivill be well 
for the schools if county superintendents will keep this rule of law in 
mind when examining and licensing young immature boys and girls to 
teach in the public schools. 

Cannot Examine Himself — The county superintendent is author- 
ized to issue certificates upon "due examination" to those found quali- 
fied to teach. He has no authority to issue certificates in any. other 
way, except to graduates of a county normal school of his county. 
This rule of law will seem more apparent when it is considered that 
the county superintendent cannot issue to himself a certificate, for the 
simple reason, if no other, that there is no way by which the "due ex- 
amination" can be made. Under the present law he could not legally 
teach in his county, though he might hold a state certificate. 

Important Duty — ^No doubt licensing teachers is one of the most 
difficult duties which a county superintemlent has to perform in his 
official way if he has the welfare and interest of the schools at heart. 
He is besought on every hand to admit this one and that one. Some 
demands come from relatives of the applicant, some from the church 
congregation, some from those who "stand in politically," some from 
those who want to get some money with which to go to school, and 
some that the applicant has an aged father or mother to support, etc., 
etc.; all urging to be favt:>red with the much desired, but little merited 
"document," a certificate. 

The plea that interior and poor schools are better than none is not 
triie in the general sense of the term, for in too many instances they 
are worse than no school, for the reason that faulty habits and false 
ideas of facts are implanted in the young minds by "school keepers" 
and bunglers, who are as ignorant of the laws of teaching as is a 
"Hottentot" of the fundamental principles of the constitution of the 
United States, and are difficult to remedy, and the effects are never 
altogether removed. 

Examining Teachers — The matter of examining and licensing 
teachers is in the hands of the county superintendent. He is to use his 
best judgment and discretion. In one of the sections above, the legis- 
lature uses the term "due examination," and states that the count3' 
superintendent must certify that those to whom he grants certificates 
are qualified to teach certain branches of study. There are various 
plans and methods used by examiners in the different counties, and it 
is quite true that different methods should be used in the same county 
and for different applicants. All this is left to the county superin- 
tendent. The two methods, oral and written, have much merit, but 
to combine the two is much better than either separately. In the two 



152 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

methods taken together the examiner can much better test the appli- 
cant's abihty to teach than he can do in the use of a single method. 

Make Inquiry — The county superintendent has the right and it is 
his duty to make inquiry as to the moral character and standing of an 
applicant for a certificate, but he has no right to seek to inquire into 
the applicant's religious or political opinions or belief. If he should 
seek to interrogate the applicant on this line, the person so interro- 
gated has the right to decline to make an answer to such questions, 
and if the applicant possesses the scholarship and such other qualifica- 
tions as fit him for teaching, the countv stxperintendent has no right 
to withhold a certificate from him for the reason that he refused to 
answer questions concerning his religious or political beliefs. If an 
applicant is known to the county superintendent not to have such 
moral character as the teacher should possess, then he has the right to 
decline to examine him. 

Two Grades — In this state the county superintendent is authorized 
to issue two grades of certificates aside from the special certificate 
which the law authorizes him to issue. About all the difference there 
is in the two grades is that one is valid in the county for two j^ears, 
and the applicant is required to pass in three additional branches to 
those required for the one year certificate, viz.: Botany, zoology and 
physfcs. It goes without saying that the applicants for the first grade 
certifica,te should shovv^ more breadth of learning and scholarship than 
the mere additional knowledge of the three branches to entitle them to 
pass for this grade. All applicants who receive certificates should 
show that they possess a clear understanding and comprehension of 
the fundamental principles, laws, rudiments and primary rules of each 
branch provided loy law for these certificates. 

The rule followed by not a few countj^ superintendents in extending 
the examinations to other topics or branches than those named in the 
school law, and not infrequenth' even prescribing certain text books 
which applicants must study, has caused more or less discussion as to 
the authoritjr of the officer in such cases. Section 3, article VII. of the^ 
school law enumerates the topics in which applicants for teachers' 
certificates are to be examined. A candidate for a certificate cannot 
lawfully be required to pass an examination in topics other than those 
mentioned in the school law, and such as relate to his moral character 
and capability of teaching. The law does not intend that an applicant 
for a certificate should be constrained to study any specific text book 
on any branch or subject. The examiner may require some knowledge 
of methods of teaching, to be shown by general questions and answers 
on the topics enumerated in the law, that the applicant may show his 
fitness to teach. School boards may require an applicant for a school 
to show a knowledge of Latin or algebra before employing him as a 
teacher, but such requirements are aside from those required for a 
teacher's certificate. (See decision Illinois department.) 

Applicant Should Show — A person who receives a certificate for. 
two years, should first show himself to have been a successful teacher, 
and demonstrate to the examiner that he understands the art and 
skill of teaching to a much greater extent than is required of the one 
who is granted a certificate for one year. If this is not the intention of 
the law in providing for the two grades, then the distinction is little 
more than m^-e form. 

A person who has demonstrated his unfitness and incompetency to 
have charge of a school as a teacher should not be licensed to teach, 
though the scholarship of such person is of a high grade or rank. 

The law, requiring all teachers to have certificates, most certainly 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 1E3 

has an important object in view— which is no more nor no less than 
that none but teachers of approved character and ability should be 
employed in any school. This applies to substitute teachers as well as 
to all others. 

Discretion— The law gives the county superintendent discretionary 
power in granting certificates, and in performing this duty he should 
act from most honest motives, keeping the interest of the schools and 
the applicants in mind. We quote from the supreme court of Indiana 
on this topic: 

"The office of county superintendent belongs to the executive de- 
partment of the state, and the statut<- does not confer upon the incum- 
bent, either judicial or g«as/ judicial power, in the matter of licensing 
persons to teach in the common schools." 

"The statute confers upon the county superintendent a discretion 
on the subject of licensing teachers, which is so far analagous to judi- 
cial discretion that he is protected from any claim for damages on ac- 
count of any mistake in his decision, or error in his judgment, either in 
granting or withholding a license." 

• If a county superintendent withholds a certificate from a teacher 
through malice or ill will, or acts wantonly, rashly or wickedly in re- 
fusing the certificate, the teacher may recover damages at law, "and in 
such cases the teacher is not compelled to prove personal malice, in 
order to show malice, that the jurv may find malice. 15 111., 65; 45 
111., 12; 2 Brad., 458; 104 Ind., 548. 

The courts cannot compel a county superintendent to grant a cer- 
tificate, but thev may compel him to act upon the application for one. 
45 111., 12; High's Legal Rem., Sees. 24, 35, 42. 

Direct Attack — In a suit brought by a teacher to recover his 
wages, his certificate must be attacked directly, if an\^ attack is made. 
The question that such certificate was granted, without an examina- 
tion, is a question or point that cannot be raised to defeat the plaintift 
in his suit to recover his pay or wages. Neither is it proper to raise 
the point that the certificate is not in the form which the statute says 
"may" be used. 86 111., 595. 

May Recover — If a teacher is discharged illegally, he is entitled to 
recover damages, or he may apply for a mandamus to be permitted to 
comply with his contract. 36 111., 71. 

EECORDS—Sec. 4. Each county superintendent shall also keep a 
record, in a book provided for that purpose, of all teachers to whom 
he grants certificates. Said record shall show the date and grade of 
each certificate and all renewals granted, and the name, age and na- 
tivity of each teacher; and shall give the names of male and female 
teachers separately. ***** *_ 

The county superintendent should keep the record as provided in 
this section in a well-bound book, and the entries should be full and 
correct. This record may prove to be highly valuable and important 
in many instances. 

HOLD CERTIFICA TE—Sec. 5. No teacher shall be entitled to any 
portion of the common school or township fund, or other public fund, 
or be employed to teach any school under the provisions of this act, 
who shall not, at the time he enters upon his duties as such teacher, 
have a certificate of qualification obtained under the provisions of this 
act from the superintendent of the state, or the county superintendent 



154 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

of the county in which the school is located, eutitling him to teach, 
[As amended by act approved June 19, 1893.] 

Prior to the amending- of this section, the law was quite different, 
hence the court derisions given are based on the old law, but in general 
will apply as the law now stands. 

The law as now in force requires the teacher to have a valid certifi- 
cate when he takes charge of the school, covering the entire time of the 
contract. A certificate obtained later, though antidated, is not suffi- 
cient. A certificate cannot legally bear any other date than the date 
of examination. 16 III., 147; 87 111., 255; 92 111., 293; 69 Ind., 80; 
70 Ind., 575. 

Power to Levy — School boards are clothed with full power to 
levy taxes for supporting the schools, and all funds belonging to the 
schools must be paid out on orders of the school boards; but all orders 
must be for debts legally contracted,^ and no others. The law is too 
rigid or explicit to allow any of the public school funds to be paid to 
any person, directly or indirectly, for teaching, when such person did 
not hold a certificate, or the contract for which the money is paid, is 
illegal. 15 111., 65; 71 111., 532. 

Pupil Teacher— It has been held that one pupil teaching others 
cannot be allowed as a substitute for an adequate and legal - teaching 
force. If a school is too large for the teacher, and the work is more 
than he can perform, it is the duty of the school board to provide for 
an additional legally qualified teacher or teachers. 

Personally Liable— If a district loses its portion of the state fund 
by permitting the school to be taught by one who did not hold a cer- 
tificate, as the la^iv requires, the directors are liable personally for the 
loss, together for loss of the amount paid the teacher illegally. And, 
in addition to this, they are liable to a fine under two counts, one of 
which a failure to perform their duties as directors, and the other for 
diversion of public funds. Rev. Statutes 111.; 31 Wis., 333. 

Is Master— It is true that school officers, as such, have certain 
rights in the school house; but the law will not allow them to interfere 
with the teacher while he keeps strictly within the line of his duty. 
Having been legally put in possession, he can hold it for the purposes 
and the time agreed upon, and no parent, not even the governor of the 
state, nor the president of the United States, has any right to enter in 
and disturb him in the performance of his duties. If persons do so en- 
ter, he should order them out; and if they do not go, on being re- 
quested to do so, he may use such force as is necessary to eject them. 
And if he finds that he is unable to put them out himself, he may call 
another to assist him, and if no more force is employed than is neces- 
sary to remove the intruder, the law will justifj^ the teacher's act and 
the acts of those who assisted him. Wharton s Am. Crim. Law, 1256; 
27 Me., 256; 2 Metcalf, 23; 6 N. Y., 608; 2 Selk , 641; 59 Pa., 266;- 8 
Eng., (T, L. R.) 78. 

BRANCHES— ^Qc. 6. Every school established under the protection 
of this act shall be for instruction in the branches of educati m pre- 
scribed in the qualifications for teachers, and in such other branches, 
including vocal music and drawing, as the directors, or the voters of 
the district at the annual election of directors, mav prescribe. 

NUMBER OF EXAMINATIONS— S^c. 7. It shall be the duty of 
the county superintendents to hold meetings, at least quarterlv, and 
oftener, if necessary, for the examination of teachers, on such davs and 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 155 

in such places in the respective counties, as will, in their opinion, ac- 
commodate the greatest number of persons desiring such examination. 
Notice of such meetings shall be published a sufficient length of time, in 
at least one newspaper of general circulation, the expense of such pub- 
lication to be paid out of the school fund. 

FBB—Sec. 8. The county superintendent shall in all cases require 
the payment of a fee of one dollar from every applicant for examina- 
tion for a teacher's certificate, and for each renewal of such a certifi- 
cate he shall require the payment of a fee of one dollar. 

FUND EX.PENDEDSec. 9. All moneys so received from appli- 
cants for teachers' certificates, ani from the registration fees herein- 
after provided for, the said county superintendent shall transmit 
monthly to the county treasurer, to be by him held and designated as 
the institute fund, and with such fand the county superintendent shall 
give the treasurer a list of the names of the persons paying such fees. 
Said fund shall be paid out by the county treasurer only upon the 
order of the county superintendent, and only to defray the expenses of 
the teachers' institute, which the county superintendent is, by the 
following sections, authorized to hoi 3. The county superintendent 
shall take vouchers lor all payments made out ot the institute fund, 
and he shall render an account of such disbursements, with vouchers 
for the same, to the county board at their regular meeting in 
September annually. 

INSTITUTE— Sec. 10. The county superintendent shall hold, an- 
nually, a teachers' institute, continuing in session not less than five 
days, for the instruction of teachers and those who may desire to 
teach; and. with the concurrence of the state superintendent of public 
instruction, procure such assistance as may be necessary to conduct 
said institute at such time as the schools of the county are generally 
closed: Provided, that two or more adjoining counties may hold an 
institute together. At every such institute, instruction shall be free to 
such as hold certificates good in the county (or counties where two or 
more join to hold an institute) in which the institute is held; but the 
county superintendent shall require all others attending to pay him a 
registration fee of one dollar, except those who have paid him an ex- 
amination fee as required by section 8 of this article, and failed to 

receive a certificate. 

TIME TO ATTENDSec. 11. The time, not exceeding three days 
in any one terra, or five days in any one school year, during term time, 
actually spent by a teacher of any public school in this state in attend- 
ance upon a teachers' institute, held under the direction of the county 
superintendent of schools, shall be considered time lawfully expended 
by such teacher in the service of the district where such teacher is em- 
ployed, and no deduction of wages shall be made for such absences. 
And it shall be the duly of the school officers and boards of education 
to allow teachers to close their schools for such attendance upon such 
institute. 



156 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

CARE OF PROPERTY— Sec. 12. It shall be the duty of CYery 
teacher employed in the public schools of the state to see that the 
school property of the district, placed under his care and control, is 
not unnecessarily damaged or destroyed. And no teacher shall be 
paid any part of the school funds, unless he shall have kept and fur- 
nished schedules (when required by law) as hereinafter directed, and 
shall also have satisfactorily accounted for all books, apparatus and 
other propertv belonging to the district, which he may have taken in 
charge. 

REGISTER— Stc. 13. Teachers shall keep correct daily registers of 
their schools, which shall exhibit the name, age and attendance of each 
pupil, the day of the week, the month and the year. Said register 
shall be furnished to the teachers by the school directors, and each 
teacher shall, at the end of his term of school, return his register to the 
clerk of the school board of the district. And no teacher shall be paid 
any part of the public funds unless he shall have accurately kept and 
returned the register as aforesaid. 

Illegal Practice — School boards sometime indulge in the practice 
of allowing the teacher to commence his school and teach awhile with- 
out a certificate, and after the teacher has procured a certificate the 
board increases the pay of the teacher sufficiently to cover the time 
taught without a certificate. This point needs no argument more 
than to say that such acts are gross violations of the law and make 
the officers liable for the funds so paid out, and subject to a fine. 71 
111., 532. 

SCHEDULES— Sec. 14. In all districts controlled by a board of 
directors, teachers shall make schedules of the names of all scholars 
under twenty-one (21) years of age attending school, in the form pre- 
scribed by this act, and when scholars reside in two (2) or more dis- 
tricts, townships or counties, separate schedules shall be kept for each 
district, township or county. Boards of education may require teach- 
ers under their control to make schedules as herein directed, or to 
make statements certifying the number of days' attendante for each 
month as shown by their registers, which statements shall be certified 
to by the board of education, and be subject to the same requirements 
concerning payment of teacher's salary and filing as those made by 
this act concerning schedules. The schedules to be made and returned 
by the teacher shall be, as near as circumstances will permit, in the 
following form, viz.: 

Schedule of common school kept by at , 

in district No.. , township No , range No ot the 

.... principal meridian, in the county of , in the State 

of Illinois, Names and ages of scholars residing in district No , 

in township No north, range No west, ..county, 

who have attended in myschool during the time, beginning the... 

day of ) 1 and ending the day ot 1 , 

during which time the school was in session school days. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 157 

Names, Ages. Days. 

John Smith 10 15 

Isaac Meisler 13 11 

Sarah Da nforth 16 20 

Mary Newman 18 18 

Grand total number of days' attendance 64 

Males ." 2 

Females 2 

Number of scholars 4 

Average daily attendance 3.2 

And said teacher shall add up the whole number of days' attend- 
ance of each scholar, and make out the grand total number of days' 
attendance. He shall also note the whole number of scholars, giving 
the males and females separately; the average daily attendance, and 
sha'l set the age of each pupil opposite the name of such pupil, as in 
the form above prescribed, and shall attach thereto his certificate, 
which shall be in the following form, viz.: 

I hereby certify that the foregoing schedule of scholars attending 
my school as therein named, and residing as specified in said schedule, 
to the best of my knowledg«» and belief, is correct. 

A B , Teacher. 

SCHEDULES TO DIRECTORS— Sec. 15. When the teacher shall 
have completed his or her schedule or schedules as provided in the 
foregoing section, he or she shall deliver it to some one of the directors, 
who shall, if requested, give the teacher a receipt for the same. And it 
shall be the duty of the said director, in connection with at least one 
other director of the board, to carefully examine such schedule or 
schedules, and after correcting all errors, if any, if they shall find such 
schedule to have been kept according to law, they shall certify to the 
same as near as practicable, in the following form, viz.: 
State of Illinois, \ 
County./ 

We, the undersigned directors of district No... , township 

No... , range No , in the county aforesaid, certify that 

w^e have carefully examined the foregoing schedule and find the same 
to be correct, and that the school was conducted according to law; 

that the teacher is paid as per contract dollars per ; 

that the sum of dollars is now due for 

services for the month ending ; that said teacher 

has a legal certificate of grade, and that the property of 

said district in charge of said teacher has been satisfactorily accounted 
for. 

Witness our hands, this day , A. D.,1 



Directors. 
WAGES — Sec, 16. Teachers' vsrages are hereby declared due and 
payable monthly, and upon certif\ang to the schedule or statement as 
hereinbefore provided for, the directors, or board of education, may at 



158 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

once make out and deliver to the teacher an order upon the township 
treasurer for the amount named in the schedule or statement; which 
order shall state the rate at which the teacher is paid according to his 
contract, the limits of the time for which the order pays, and that the 
directors have duly certified a schedule covering the time specified in 
such order: Provided, that in case said order shall be presented to the 
township treasurer and not paid for want of funds, said treasurer 
shall certify on the back of such order the date of presentation as re- 
quired by section 18 of article VI. of this act, and thereafter such order 
shall bear interest at the rate of seven per cent, per annum until paid, 
or until the said treasurer shall notify the clerk of the board of direc- 
tors issuing such order that he has funds vi'ith which to pay the same. 
[As amended April 24, 1899; in force July 1, 1899.] 

ENDORSEMENT ON TEACHER'S ORDER. 

This order was presented to me for payment this day oi 

, 1 , and was not paid for lack of funds. 

, Treasurer. 

NOTICE OF FUNDS TO PAY ORDER. 

To the clerk of school district No , T , R 

You are hereby notified that I have funds on hand with which to 

pay order No ...., issued to ,for teaching in 

your district. 

Dated this day of , 1 

, Treasurer. 

SCHOOL MONTH— Sec. 17. The school month shall be the same 
as the calendar month, but teachers shall not be required to teach 
upon Saturda3'S, Sundays and legal holidays, these being New Year's, 
Fourth of July, Christmas and Thanksgiving, and fast days appointed 
by the national or state authority; nor shall they be required to make 
up the time lost by closing school upon such days or upon such special 
holidavs as may be granted the schools by the board of directors. 

Without Permission — If a teacher leaves his school without ob 
taining permission of the board of directors, he can be discharged, and 
is not entitled to recover his wages. If the board discharges a teacher 
illegally, and without just cause, he may recover damages. 36 111., 71, 

In case a teacher is discharged without just cause, and he is not al- 
lowed to teach, he cannot keep a register and make schedules as the 
law directs; therefore, in a suit to recover his pay, it is not necessary 
for him to show that he kept and made such reports, because it was 
impossible for him to comply with the requirements of the law. 17 
111., 628. 

Garnishee Process — A teacher's wages must be paid to him, and 
to no other. Attachment or garnishee process will not reach a teacher's 
pay. If a teacher is a minor, the money must be paid to him, and not 
to his parent or guardian. 22 la., 171; 12 Mass., 375; 23 Me., 519, 3 
Mass., 201; 4 Pa., S. & R., 207; 15 Mass.. 272. 

Illegal Order — "An order issued by the school board to a teacher 
before the schedule is filed is illegal and void." 3111., App., (Brad.) 349. 

Not To Permit — If any school board allows and permits a teacher 
who does net hold a certificate to continue in the school, anv patron 
or taxpayer of the district is entitled to an injunction to restrain the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 159 

teacher or the school board from continuing the school. The county 
superintendent has the right to a writ in such cases. 17 la., 228; 19 
N. H., 170. 

Superintendent's Duty — Where such cases as the above occur, it is 
the duty ot the county superintendent to notify the teacher and the 
school board that they are acting in violation of the law, and to warn 
them of the penalty, and at the same time inform them that he has 
notified the treasurer not to pay an_v orders issued by the board for 
such service as the teacher may have performed. When he has done 
this, he has discharged his duty in the case. 

Shall Be Free — The payment of the fee mentioned in this section 
entitles the applicant to an opportunity, at the prescribed place and 
time, to pass the required examination for a certificate. After due 
trial, if the applicant fails, he must pay a fee of one dollar if he desires 
to enter the examination again. Should an applicant be low in some 
particular branch or branches, the county superintendent may, if he 
deems it proper, make such additional inquiries as are just. This he 
may do, and treat the matter as a continuation of the examination 
without charging an additional fee. 

The county superintendent should report and pay to the county 
treastirer each month all fees collected, with the names of the persons 
paying the same. 

A teachers' institute held in pursuance of the law, requiring appli- 
cants to pay a fee of one dollar, must continue five days or more, and 
should be held "at such time as the schools are generally closed." 

When Held — It seems that the institutes are to be held when the 
schools are generally closed. To hold them when the schools are gen- 
erally in session is not in keeping with the intention of the law. The 
tact that the law provides for teachers' meetings in term time is very 
evident that the intention of the law is to hold the annual institute 
when the schools are closed. 

The county superintendent is authorized to employ instructors for 
the institute, but to do this he must have the concurrence of the state 
superintendent. If the person holds an instructor's license that is 
sufficient, but he is not authorized to pa3' any part of the institute 
fund to anyone for serv.ces as instructor, unless such person is properly 
authorized to teach in such institutes. "Concurrence" means employ- 
ing a holder of an instructor's license issued by the state superintendent. 

Must Hold License — No person is authorized to receive any part 
of the institute fund as an instructor in any institute, unless he shall 
hold a license from the state superintendent to do such w^ork. The 
practice of employing "local talent" for instructors, and then interced- 
ing with the state superintendent that such "talent" may be granted 
an instructor's license, is not in keeping with the law that requires 
teachers to pay an examination fee, nor is it to the best interest of the 
schools and those who spend the time and money to attend the insti- 
tute. Those who spend the time and pay the cost should have the 
best, which is only just good enough. 

Purpose of Institute — Institute instructors and conductors should 
bear in mind that the prime objects of the annual institute are: 

(1) To instruct in methods and principles, and in the subjects to 
he taught. 

(2) To bring about a more uniform work in the schools of the 
county. 

(3) To build up a stronger professional sentiment, and bring the 
young and the inexperienced into contact with the older and more ex- 
perienced, and lead all to a higher plane and enkindle in them stronger 



160 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

and higher aspirations, and a deeper appreciation of schools and edu- 
cation. 

If the institutes are made what they should be, they will be a great 
factor in the cause of education. The people will come to regard them 
as prime factors in bettering the conditions of our schools, and the in- 
fluence thus exerted through the institutes and the high appreciation 
in which they are held, if properly conducted, cannot be measured, but 
will be of incalculable value, and produce in the people a keener inter- 
est in the cause of popular education and the schools. 

In some counties the institute is continued for a long'er time than 
for which the fund will pay, and the deficiency is made up by assess- 
ment and contributions. In such cases, the five days, or that part 
which is paid for from the fund, should be held first, and the time, not 
less than five daj's, should be fixed in advance, and so announced by 
the county superintendent, with the information that for such time the 
instruction will be free to all who have paid the fee for examination. 

The law permits the county superintendent to act as an instructor 
in the institute, but for such service be is not entitled to any part of 
the institute fund. As compensation for such labor, he is allowed his 
per diem the same as for other official work. 

Who May Attend — .\11 persons who have paid an examination 
fee since the last annual institute, whether they received certificates 
or not, are entitled to attend free; all others are required to pay a 
registration fee of one dollar each. 

On reading the law, it appears that the holders of state and first- 
grade certificates are entitled to attend free, though the holder of a 
first-grade has not paid a fee since the last annual session of the insti- 
tute, if the certificate is yet in force. 

Is An Institute — Any teachers' meeting, held under the direction 
of a county superintendent, is an institute, but no part of the institute 
fund can be used to pay the expense of such meetings. 

The teachers are allowed to close their schools to attend these 
meetings, for not more than three days in one term, or more than five 
days in the the school _vear, and for such attendance on sclioul days 
there shall be no deduction from their wages, and the days the school 
is closed on account of the teacher attending such institutes may be 
counted to make the six months which a school district is required to 
maintain school to entitle the district to a share in the school fund 
distribution. 

That the teacher ma3''be entitled to his pay for such days as he may 
attend these meetings, the attendance must be prompt and for full 
sessions.. To drop in for a short time, and then spend the remainder 
of the daj^ away from the meeting, will not satisfy the law. For fuit 
time the county superintendent should give the teacher a certificate, 
showing the time which the teacher spent in the meeting. 

Seek To Avoid — In some instances school boards seek to avoid the 
payment for such time as the teacher may close the school to attend 
such institutes, by inserting in the contract with the teacher a clause 
requirine the teacher to make up the time, or lose the pa}^ for those 
days. Such provisions in a contract are not binding, or, rather, such 
clauses are invalid. To sustain this, we quote: 

"All authority of a school board to employ a teacher is traceable to 
some law. Such law is not only the source of their authorit}^, but the 
limitation of it. The board cannot, by form of the contract they en- 
ter into with a teacher, give themselves greater power than the statute 
has conferred upon them. Any provision in a contract with a teacher, 



MANUAL OF THE ILLINOIS SCHOOL LAWS, 161 

giving them the power to do things which the law makes no provision 
for them to do, is most certainly invalid, and cannot be enforced." 

The statute saj's that a laborer shall have two hours on election 
day in which to attend the election and vote, and that there shall be 
no deduction from his pay for such time. We may ask. "Can the em- 
ployer make a contract with his men that they are to have no pay for 
the two hours?" If he makes such a contract, can he enforce it?" 
The answer is at once clear, if the spirit of the law is to be maintained. 

Teacher Responsible — The law makes the teacher responsible for 
the school propert}^ in his charge or care. In this he is to exercise such 
care and oversight as a judicious person should exercise over his own 
property, and when he has done this and accounted for the same, his 
responsibility ceases. 

Furnish Register — The school boards should furnish the teachers 
with registers that are in good form and well-bound, and the teacher 
should keep his register so as to show all the names of the pupils at- 
tending the school and the number of day's of attendance of each pu- 
pil. A teacher who does not keep his record so as to show all the law 
requires, is not entitled to his pay. It is the duty of the teacher, at the 
close oi his term, to return the register to the secretary of the board, 
for it will be very helpful to him in furnishing information for the an-' 
nual report of the trustees. It is the duty of the secretary to see that 
tbe register is properl3' kept and returned to him when the school term 
is closed. 

Purposes — Schedules serve for two purposes, in showing the monthly 
attendance, and when filed with the treasurer are official evidence as to 
whether or not the district has had a legal school for the time neces- 
sary to entitle the district to share in the distributable fund. School 
boards are not authorized by law to issue an order to a teacher for his 
pay until he has made and filed with the board a schedule as contem- 
plated in the law. 

Divided By Line — If a district is divided by a county or township 
line, there must be a schedule for the pupils living in each township or 
county; so also there must be a separate schedule for pupils attending 
on transfer. 

Should Not Appear — Pupils paying tuition should not appear 
upon any schedule. 

Death of Teacher — On the death of a teacher before the comple- 
tion of his schedule, the directors may return it to the treasurer, when 
they have made all corrections, with their affidavit, showing the rea- 
sons why the same was not completed and signed by the teacher, with 
such other material facts in regard to its unfinished state as they may 
be able to find. 

When such affidavit is made by the directors, and with the schedule 
filed with the treasurer it is sufficient warrant for him to pay the order 
for such services; and to justify the trustees in accepting the schedule 
and apportion school funds to the district. 

Make One Schedule — The law does not absolutely require each 
teacher in a school, where there are two or more teachers, to make a 
separate schedule. The several teachers may combine their schedules 
in one, in which case all should sign the same. If the pupils attending 
the school reside in two or more different townships or counties, there 
must be a separate schedule for each township or county. 

Teachers of music or drawing are not excused from signing the 
schedules of the school. In making such schedules, the names of all 
teachers should appear in the heading. Such schedules, when properly 
made, serve all purposes and interests of the law. 



162 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Statements — Boards of education may require teachers to make 
schedules as provided in section fourteen (14), or to make statements 
certif\'ing the number of days' attendance for each month as shown 
bv the school register, which statements must be certified to by the 
board. The statement may be in the following form: 

I, , teacher of a common school kept at 

, in district No , township No 

in the county ot , State of Illinois, hereby state 

that from the day of ,1 ,to the day 

of , 1 , said school was in session days, and 

the total days' attendance was days. 

We hereby certify that the foregoing statement is correct. 

, President. 
, Clerk. 

File Schedules — School boards are required to file all schedules 
with the township treasurer on or before July seventh, and it would be 
a violation of law to issue to a teacher an order for wages for any time 
taught prior to July first, and for which the teacher had failed to fur- 
nish a schedule in due and proper form. 

Payable Monthly— The wages of a teacher is due and payable 
monthly, if he makes his schedules and report in proper form. On re- 
ceipt of a schedule, it is the duty of the school board to examine the 
same, and, if correct, to issue to the teacher an order for his pa_y. 
Such orders should state, on their face, the rate of salary, the time for 
which the order pays, and that schedules have been properly made 
and certified. This information is the basis authorizing the treasurer 
to pa3^ or endorse the order. On presentation of the order to the 
treasurer, if there are no funds in his hands with which to pay the 
order, the treasurer shall endorse the same, as provided by law, and 
make a record of the same, and from that date the order draws inter- 
est at the rate of seven per cent, per annum. When the treasurer has 
received funds with which to pa\' the order, he must notify, in writing, 
the clerk of the school board issuing the order that he holds funds 
with which to pay such order, such notice should be made a matter of 
record bv the treasurer. Such orders cease to draw interest after the 
service of such notice. Interest for time after the service of the notice 
cannot be claimed by third parties. While such orders are negotiable, 
they do not stand on the same ground as that of common commercial 
paper. The holder of such orders is presumed to know the law, and he 
takes them subject to the provisions of the statute in relation thereto. 

School Month — The law provides that the school month shall be 
the calendar month. There appears to be much difference of opinion 
among teachers and school boards as to how to count the month and 
calculate the pay of the teacher, especially w^hen the school month 
commences as on the 9th day of October. In this case the month 
would end on the 8th day of November. If a school should open on 
the 31st of January the month would end on February 27th, or the 
28th, as the case oiay be in leap years. If there is a vacation in the 
month, the date on which the month ends is thrown that many days 
ahead. Our experience is that most of this confusion is brought about 
through vacations. The better way is for teachers to make up sched- 
ules for the fraction of the month taught and for the school board to 
pay for such time, and at the end ot the term the teacher make up all 
lost time. Some confusion arises in computing the teacher's pay for 
fractional months, as some months have twenty, some twenty-three 
and some twent3^-one days. In estimatingthe amount due the teacher, 
it is just and right to divide the amount of pay for the term by the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 163 

number of days in the term, as for illustration, the time is five months, 
or 110 days, and the salary for the term, $132.00, the rate would be 
$1.20 per day. 

6y the month, the rate is $26.40; hence, for a single month of 
twenty days, the rate, per day, wonld he $1.32, while for a month oi 
twenty-one. twenty-two or twenty-three days the rate would differ, 
and, in paying for the fractional parts of months, there is quite a wide 
range of difference; hence, compute on the days in the term of contract. 

Teaching, to make up lost time, must be on school days, and not 
on Saturdays or school holidays. 

Some confusion arises as to what days are school holidays, and in 
this connection we will state that Thanksgiving day. Christmas, New 
Year's, Fourth of July and such special holidays as may be granted by 
the school boai'd are school holidays. 

May Close School — Teachers are allowed to close school on these 
days without deduction from their pay. If a teacher teaches on any 
of these days he cannot count the time to make up for some other day 
which was lost. If such holidays occur in a vacation, then the teacher 
is not entitled to pay for them. 

There are other days mentioned in the statute as holidays, but they 
are holidays as to negotiable instruments, notes, drafts, etc., and not 
for school, unless so ordered by the school board. 

Do Not Make Schools — Law and courts do not make scho9ls. 
While the law is liberal in providing the means, and the courts are 
equally liberal in construing the law in relation to school officers 
and teachers, but in all that liberality there are duties to be performed 
by those to whom the schools belong, the people, and they must see to 
it that the officers and teachers perform their duties well, or the 
schools will fall far short of doing what the law contemplates, and the 
courts ready to sustain. The schools should be made for the children, 
and not the children for the schools. As is the school so is its product. 
Doctor Raab's official words to teachers and school officers are not 
amiss here, as the following extract from them will show; 

"The tendency' of our schools is toward mechanical work. The 
teacher, as an operative in one of the old nail factories, is concerned 
in putting the same kind of a head on every nail. And. if the pupil, 
in the time allotted for any grade, by any means fails to pass, he is 
made to do the same grade work over, much to the detriment of his 
intellectual and moral discipline. He becomes listless and careless, 
because the work gone over during the preceding months cannot in- 
terest him, and he loegins to doubt the sense of justice of his teacher or 
principal. In each case, the work of education is warped or foiled. 
As a rule, the bright, talented children are ])romoted much too fast, 
often to the detriment of their ph^^sical growth. 

The ideal personality, the harmonious development of the individ- 
uality under the reign of the moral law, is the highest aim of all edu- 
cational activity, the common end for the good of all pupils. How, 
then, must this common aim be applied to each individual pupil? 
Shall all pupils be treated according to the same pattern, be pressed 
into the same form, or has each individuality the right to develop 
freely and independently under the common aim of ed«cation ? The 
duty of the educator is to regard the individuality, to treat it tenderly, 
and thus permit it to ripen into an harmonious moral character. 

The common school, under existing conditions, may not be able to 
quite fulfill this ideal, but it should forever be the aim of the teachers 
in these schools to strive for that ideal, and, at least, to avert harm to 
the children. If the teachers will only s.-e to it that grave errors are 



164 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

avoided, the school will do its dut\^ in this respect. I make free to 
quote a few beautiful remarks on this head from Comenius's Dic/actics." 
'In the first place, there are children w^ho are ingenious, anxious to 
learn, docile and apt for study be_vond all others; they need only that 
food for wisdom be offered to them. The teacher needs only discre- 
tion that he may not permit them to make too great haste and thus 
grow weary and sterile before their time. There are others who are 
ingenious, but slow, though ready to learn. These need but the spur. 
In the third place, there are children who are ingenioxas and anxious 
to learn, yet, at the same time, stubborn and firm. Children of this 
kind generally hate school, and, as a rule, they are frequently given 
up as 'ne'ei- do wells' by their teachers; and j^et do these same children 
make th*^ best men when they are properly treated. Forward foals 
make the best horses when put under proper discipline. * « * * 
Such horses remind us that many talented persons are lost because of 
the errors and blunders of their instructors who would rear horses 
into donkeys, and do not know how to treat free and self-conscious 
men. In the fourth place, there are docile pupils who are anxious to 
learn, but slow and difficult of comprehension. These may follow the 
tracks of the preceding; and, to make this possible for them, the 
teacher must let himself down to their weakness by not imposing an^^ 
too difficult tasks, not judging them too severely, but rather bearing 
v^rith them patiently, raising them up, encouraging and animating 
them so that the^-maj^ take heart. It maybe that these persons reach 
their aim much later, yet they endure longer, and what they have 
acquired is not easily lost. Fifth, some are stupid, and, at the same 
time, lazy and indolent; even thej' can be educated, provided they are 
not obstinate and stubborn. But their teachers need much skill and 
perseverance to succeed. Finally, there are some that are stupid, and, 
besides, naturally perverse and vicious, and generally spoiled. Because 
we are sure that everywhere m nature there may be found remedies 
for depravity and viciousness, and that trees which are naturally 
sterile may be made fruit-bearing by being transplanted, we must not 
give up hope, but try to combat and eradicate their obstinacy and per- 
verseness at least.' 

Too frequently teachers work only with those children who belong 
to the first three groups above named; the others are left to them- 
selves. And, yet, the3' are the very ones who need the teacher's lov- 
ing care and attention the most; the bright ones advance readily 
without any special effort on our pait. Now, the individualization 
which parents and private tutors may practice in the work of instruc- 
tion and discipline cannot be expected of the teacher in the common 
school; yet, if the teachers would learn but to classify the children 
according to Comenius's precept, many errors in school ^ivould be 
avoided. To uphold the weary, to strengthen the weak, to encourage 
the dull, to indulge the erring; these are the duties and prerogatives 
of every teacher who would work for the good of the race. Do not 
extinguish the spark of good will and insignificant success of these 
weak and struggling ones, but fan it into a flame. Be helpful to them, 
and I am sure a smile of recognition, a thankful look on their part, 
will cheer yo*^ more in your work than the success of the bright 
scholars. The modern fad of extensive and often repeated written ex- 
aminations is neither a test of scholarship nor of culture. Quantity 
is made to stand for quality, and the real work of intellectual and 
moral discipline is perverted. 

There are in every school children of defective sight and hearing. 
Because they cannot see and hear distinctly at a distance from the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 165 

teacher, they should be so placed in their classes that they may hear 
the teacher's voice and see what is pointed on map, blackboard, etc. 
Special tests should be made upon every child entering school to de- 
termine whether his sight and hearing are normal. The distance at 
which a child can hear a watch tick, and the distance at which a child 
must hold a book to distinguish characters will indicate whether hear- 
ing and sight are normal or abnormal, and will determine where such 
child should be placed in the class. 

As you, my fellow-teachers, expect recognition according to your 
deserts, I beg of 3^ou to spare the individuality of the children com- 
mitted to your care. If you do this, your work will be encouraging 
to you, and it will confer blessings on the generations to come." 



166 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

ARTICLE VIII. 

REVENUE-TAXATION. 



§ 8. Certificate of amount due each dis- 
trict. 

§ 9. Collector to pay township treasurer. 

§ 10. Districts lying- in two townships. 

§ 11. Penalty for failure to pay. • 

§ 12 Blank books and notices. 

§ l:-i. Failure to fiie certificate does not 
vitiate the assessment. 



§ 1. Power to tax; limitations. 

§ 2. Certificate f tax levy; time of re- 
turn; form. 

§ 3. Return of certificate to county 
clerk; map filed. 

§ 4. District in two counties. 

§ a. Taxes computed by county clerk. 

§ 6. Assessors to designate the district. 

§ 7. County clerk to copy numbers of 
districts; tax to be uniform. 

POWER; LIMIT — Sec. 1. For the purpose of establishing find sup- 
porting free schools, for not less than six nor more than nine months 
in each \'ear, and defraying all the expenses of the same of every de- 
scription; for the purpose of repairing and improving school houses, of 
procuring furniture, fuel, libraries and apparatus, and for all other 
necessar3^ incidental expenses in each district, village or city, anything 
in any special charter to the contrary notwithstanding, the directors 
of such district, and the authorities of such village or city, shall be au- 
thorized to levA^ a tax annually upon all the taxable property of the 
district, village or city, not to exceed two and one- half per cent, for 
educational, and two and one-half per cent, for building purposes (ex- 
cept to pay indebtedness contracted previous to the passage of this 
act), the valuation to be ascertained by the last assessment for state 
and countj' taxes: Provided, that in cities having a population ex- 
ceeding one hundred thousand inhabitants the board of education may 
establish and maintain vacation schools and play grounds under such 
rules as it shall prescribe. And, provided, further, that nothing herein 
contained shall be held to repeal or modify the limitations contained in 
section forty -nine (49) of an act entitled, "An act for assessment of 
property and providing the means therefor, and to repeal a certain act 
therein named." Approved February 25, 1898. [As amended April 
21, 1899; in force July 1, 1899.] 

LEVY — Sec. 2. The directors of each district shall ascertain, as 
near as practicable, annually, how much money must be raised b\' 
special tax for school purposes during the ensuing j^ear, which amount 
shall be certified and returned to the township treasurer on or before 
the first Tuesday in August, annually. The certificate of the directors 
may be in the following form, viz.: 

We hereby certify that we require the sum of dollars, to be 

levied as a special tax for school purposes, and dollars for 

building purposes, on the taxable property of our district, for the year 
A.D.,1 



' MANUAL OF THE ILLINOIS SCHOOL LAWS. 167 

Given under our hands, this day of , A. D., 1 

A. B., 1 Directors district No township 

CD., \ No range No , countj^ 

E. F., J of State of Illinois. 

Defined — "Building purposes" means solelv school houses. 171 
111., 284. 

RETURN LBVY—Sec. 3. It shall be the duty of the township 
treasurer to return the certificate mentioned in the foregoing section 
to the county clerk on or before the second Mondaj^ of August, and 
whenever the boundaries of the districts of the townships shall have 
been changed, the township treasurer shall return to the county clerk, 
with the certificates, a map of the township, showing such changes, 
and certified as required by the provisions of this act. 

Power To Levy — School boards are clothed with full power to 
levy taxes for the purpose of supporting the school and with which to 
purchase the necessary supplies. Much litigation has followed tax 
levies, and, in the exercise of the taxing power, school boards should 
act with great care and judgment, and strive to follow the law. 
Boards will do well to keep in mind that they are strictly limited to 
such as are necessary to carry out the law. 71 111., 651; 78 111., 136. 

School boards are authorized to levy two and one-half per cent, for 
educational purposes, and no vote of the people can limit or extend 
their power in this particular, except to extend the school beyond nine 
months. The latter is a question upon which the law gives the people 
the right to vote. 56 Vt., 556. 

Certificate Void — "a certificate of tax levy made by one director 
after a meeting of the board at which a tax was voted, but no certifi- 
cate was made or authorized, is void, though the other directors gave 
him permission to sign their names." 184 111., 240. 

For the Purpose — The fund raised by taxation must be used for 
the purpose for which it was collected. If money is collected for build- 
ing purposes, it cannot be legally used for other purposes, neither must 
funds collected for general expense and educational purposes be used 
tor building purposes. If there is a surplus in the building fund, after 
paying for the building, the board has the right to transfer such sur- 
plus to the general fund for general school purposes. 57 111., 118. 

If the people vote down the proposition to build a school house, the 
directors are not excused from providing for schools. It is their dutv 
to make provisions for schools bv renting or leasing suitable buildings. 
186 111., 331. 

A tax levy for heating apparatus, sidewalks, repairs about the 
basement, or for drainage purposes, does not come under the head of 
building purposes, but belongs under the head of educational purposes. 
186 111., 331. 

School boards are not authorized to levy for building purposes, ex- 
cept in pursuance of a vote of the people, neither have they power to 
buy, move a school house, or locate a school site, unless in pursuance 
of such vote. 76 III., 189. 

Charter Provision— In a school district, under special charter, if 
the charter so provides, the school board may levy for building pur- 
poses without a vote of the people. In the case of a taxpayer asking 
for an injunction against the school board of Jacksonville, 111., the 
circuit court held that the board of education has the power to make 
such levy under the special charter. 

In the tax levy certificate it will not be necessary to specif\^ the 



168 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

amount for the several items separatel\^, if the aggregate amount does 
not exceed two and one-half per cent., but if the total amount is more 
than two and one-half per cent, then the items should be given sepa- 
rately. Where it is necessary to pay interest or principal of bonds, the 
levy for this purpose should be made tinder that clause of the law pro- 
viding for building, etc. Directors and treasurers should see that cer- 
tificates for tax lev3^ are properh^ made and filed with the county clerk 
to authorize the tax, for a tax extended without such certificate is 
null and void, and cannot be collected. 108 111., 451. 

Cash Basis — The law very wisely is so framed as to empower 
school districts to levy and collect sufficient funds with which to run 
the schools on a cash basis, and school boards do not discharge their 
duty to the people when they do not ]evy and collect sufficient funds 
to support the schools on this basis, if run on economic business 
principles. 

IN TWO COUNTIES— Sec. 4. When a district lies partly in two 
or more counties, the directors thereof shall ascertain, as nearly as 
practicable, the amount to be raised by special tax for school pur- 
poses, and shall prepare one certificate thereof for each county in 
which such district may lie, and deliver all of the said certificates to 
the township treasurer, who receives the tax money of such district, 
who shall return one each of such certificates to the county clerk of 
each county within which such district shall lie. On the first Monday 
of October, or as soon thereafter as may be practicable, annually, the 
countj' clerk of each of such counties shall ascertain the total equalized 
valuation of all the taxable property in that part of such district as 
shall lie in his county, and certify the amount thereof to the county 
clerk of each of the other counties in which such district may lie; and 
from the aggregate of such equalized valuation and from the certificate 
of the amount so required to be levied, such clerk shall ascertain the 
rate per cent, required to produce in such district the amount of such 
levy, and at that rate shall extend the special tax to be levied for 
school purposes in that part of such district lying in their respective 
counties. [As amended by act approved June 17, 1891.] 

COMPUTE TAX— Sec. 5. According to the amount certified, as 
aforesaid, the county clerk, when making out the tax books for the 
collector, shall compute each taxable person's tax, in said district, 
upon the total amount of taxable property, as equalized by the state 
board of equalization for that 3^ear, lying and being in said district, 
whether belonging to residents or non-residents, and also each and 
every tract of land assessed by the assessor, w^hich lies, or the largest 
part of which lies, in said district. The said county clerk shall cause 
each person's tax, so computed, to be set upon the tax book to be de- 
livered to the collector for that year, in a separate column, against 
each taxpayer's name or parcel of taxable property, as it appears in 
said collector's books, to be collected in the same manner and at the 
same time and by the same persons as state and count\'- taxes are 
collected. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 169 

" DISTRICT NUMBER— Sec. 6. It shall be the duty of assessors, 
when making assessments of personal property, to designate the 
number of the school district in which each person so assessed resides; 
which designation shall be made by writing the number of such dis- 
trict opposite each person's assessment of personal property, in a 
column provided for that purpose, in the assessment roll returned by 
the assessor to the county clerk. 

TAX E:iLTBNDED—Sec. 7. It shall be the duty of the county clerk 
to copy said numbers of school districts, so returned by the assessor, 
into the collector's book and extend the school tax on each person's 
assessment of personal property, according to the rate required by the 
amount designated by the directors of the school district in which such 
person resides. The computations of each person's tax and the levy 
made by the clerk, as aforesaid, shall be final and conclusive: Pro- 
vided, the rate shall be uniform and shall not exceed that required by 
the amount certified by the board of directors. 

Section four (4) above clearly points out how a school board shall 
proceed in the matter of the tax levy where the district lies in two or 
more counties. 

Where Taxed— Personal property, as a rule, is taxed where the 
owner resides, except where the property is permanently located, theii, 
in such cases, it should be assessed in the district where located, and if 
• the owner objects to paying such school tax, he must show that the 
property was not assessable in such school district. 26 IlL, 300; 31 
111., 418; 65 IlL, 44. 

CERTIFICATE OF AMOUNT DUE— Stc. 8. The county clerk, be- 
fore delivering the tax book to the collector, shall make out and send 
by mail, to each township treasurer in the county, a certificate of the 
smount due each district, or fraction of a district in his township, of 
said tax so levied and placed upon the tax books. 

Clerk Should Comply— The county clerk should comply with 
this section, that the township treasurer may be able to settle with 
the collector. 

Collector's Duty— It is the duty of the collector to settle witk the 
treasurer of each district in his township, and if he has failed to collect 
all the tax due, he is required to make and deliver to the township 
treasurer delinquent lists, showing the taxes unpaid, that the town- 
ship treasurer may be fully advised when he makes settlement with 
the county treasurer. 

If the county clerk, in extending a school tax, extends at a rate that 
produces a small excess over the amount named in the certificate of 
levy, it will not make the tax illegal or void. 79 IlL, 597. 

Error Does Not Invalidate — Errors in tax lev^- certificate will 
not invalidate school tax. If the certificate should appear to call for a. 
greater tax than the law allows, but an amount within the limit is 
extended, the tax is legal and valid. 155 111., 276. 

Statute of Limitation — School districts cannot be deprived of 
the statute of limitations. 155 IlL, 441. 

Error of Clerk — If, through an error of the clerk, taxpayers in 
one district, who voluntarily pay tax levied by mistake upon their 
lands, to another district, cannot recover back the same, where the 
books were kept open and means of knowledge of all the facts existed, 



170 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

although thev supposed they were paying the tax of the district in 
which their lands lay. 160 IlL, 272. 

Court Will Not I.nterpose — Where the levy oi a school tax is 
within the power conferred upon the directors, a court of equity will 
not interpose, by injunction, to prevent the collection of the tax, be- 
cause more has been levied than the court may find was necessary for 
the authorized purpose, in the absence of any charge of fraud or mis- 
conduct on the part of the directors. 

Within the limit prescribed by the statute, the directors are clothed 
with large discretion in de'.ermining the amount necessary to be raised 
for maintaining schools, and to paj^ the ordinary and contingent ex- 
penses theieof. 136 111., 474. 

Not Authorized — A collector is not authorized to receive school 
orders or coupons for taxes, except such orders as are drawn on the 
funds in course of L"ollection,and are so endorsed. A collector is bound 
for the full amount collected, less his CO mmissian, as allowed by law. 
92 111., 260. 

Must Pay Proper Treasurer — ^It is the express duty of a col- 
lector to pay all school funds collected b^' him to the proper school 
treasurer, and to no other person or persons, as the township school 
treasurer is the only proper custodian of such funds, except in special 
districts or such districts as are governed by special laws which pro- 
vide for a special treasurer. 

COLLECTOR PAY— Sec. 9. On or before the first day of April 
next, after the delivery of the tax books containing the compution and 
levy of the said taxes, or as soon thereafter as the township treasurer 
shall present the said certificate of the amount of the said tax, and 
make a demand therefor,, the said collector shall pay to said township 
treasurer the full amount of said tax so certified by the county clerk,, 
or in case any part thereof remains uncollected, said collector shall, in 
addition to- the amount collected, deliver to said township treasurer a 
statement of the uncollected taxes for each district of such township, 
taking of the township treasurer his receipt therefor, which receipt 
shall be evidence as well in favor of the collector as against the town 
ship treasurer. The said treasurer shall enter the amount collected in 
his books under the proper heads, and pay the same out as provided 
for by this act. 

FUNDS OF UNION DISTRICT— Sec. 10. When a district is com- 
posed of parts of two or more townships, the directors shall determine 
and inform the collectors of said townships, and the collector or col- 
lectors of the county or counties in which said townships lie, in writ- 
ing, under their hands as directors, which of the treasurers of the 
townships, from which their district is formed, shall demand and re- 
ceive the tax money collected by the said collectors as aforesaid. 

Remark. — It seems to be a rule for the treasurer of the township in 
vi^hich the school is situated to receive all the money belonging to the 
school district. This rule is practical and more satisfactory when 
making the annual report. 

COLLEC TOR LIABLE— Sec. 11. If any collectors shall fail to pay 
the amount of said tax, or any part thereof, as required by the pro- 
visions of section nine (,9) of this article, of this act, it shall be compe- 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 171 

tent for the township treasurer, or other authorized person, to proceed 
against said collector and his securities in any action of debt upon his 
official bond, in any court of competent jurisdiction. And the said col- 
lector so in default shall pay twelve per centum upon the amount due, 
to be assessed as damages, which shall be included in the judgment 
rendered against him: Provided, no collector shall be liable for such 
part of said tax as he shall be able to make appear he could not have 
collected by law, until he has collected or ma3' be able to so collect 
such amount. 

ASSESSOR'S BOOKS—Sec. 12. It is hereby made the duty of the 
proper officers in preparing blank books and notices for the use of 
assessors to provide columns and blanks for the use of assessors, so 
that they may designate the number of the school district, as provided 
in section six (6) of this article of this act. 

FAILURE TO FILE CERTIFICATE—Sec. 13. A failure by the 
directors to file their certificates, or of the township treasurer to re- 
turn the same to the county clerk in the time required by this act, 
shall not vitiate the assessment, but the same shall be as legal and 
valid as if completed in the time required by law. 

Suit On Bond— In bringing suit under section eleven above, on a 
collector's bond, the action should be brought in the name of the 
people. If it is desired to recover the penalty with the amount due 
from such collector, it is necessary that the certificate of the county 
clerk, showing the amount due, be presented to such delinquent col- 
lector. The penalty cannot be recovered where stich certificate has 
not been so presented. 67 111., 339. 



172 MANUAL OF THE ILLINOIS SCHOOL LAWS, 



ARTICLE IX. 



§ 1. Vote necessary to borrow money; 
limit of sum borrowed. 

§ 2. Registry of bonds. 

§ 3. Money paid into school treasury of 
township; cancellation of bonds. 

§ 4, Election for borrowing money; form 
of notice. 



BONDS. 

§ 5. Judges. 



§ 6. Poll book letarned; penalty for fail- 
ure to return poll book. 

I 7. Refunding school district bonds. 



BOND ISSUE — Sec. 1. For the purpose of building school houses 
or purchasing school sites, or for repairing and improving the same, 
the directors of any school district, when authorized by a majority of 
all the votes cast at an election called for that purpose, may borrow 
monc}', issuing bonds signed by not less than two members of said 
board of directors, in sums of not less than one hundred dollars 
($100), and bearing interest at a rate not exceeding seven per centum 
per annum: Provided, that the sum borrowed in any one year shall 
not exceed five per cent, (including existing indebtedness) of the tax- 
able property of the district, to be ascertained by the last assessment 
for state and county taxes previous to the incurring of such indebted- 
ness. [As amended April 24, 1899; in force July 1, 1899. 

BOND REGISTRY— Sec. 2. All bonds authorized to be issued by 
virtue of the foregoing section before being so issued, negotiated and 
sold, shall be registered, numbered and countersigned by the school 
treasurer of the township wherein the school house of such district is, 
or is to be located. Such register shall be made in a "bond register'^ 
book to be kept for that purpose, and in this register shall first be en- 
tered the record of the election authorizing the directors to borrow 
money, and then a description of the bonds issued by virtue of such 
authority as to number, date, to whom issued, amount, rate of interest 
and when due. 

PROCEEDS PAID TREASURER— Sec. 3. All moneys borrowed 
under the authority granted by this article of this act, shall be paid 
into the school treasury of the township wherein the bonds issued 
therefor are required to be registered, and, upon receiving such moneys, 
the treasurer shall deliver such bond or bonds issued therefor to the 
parties entitled to receive the same, and shall credit the funds received 
to the district issuing bonds. The treasurer of said township shall 
enter in the said "bond register" the exact amount received for each 
and every bond issued. And when any such bonds are paid, the said 
township treasurer shall cancel the same and shall enter in the said 
"bond register," against the record cf such bonds, the words, "paid 

and cancelled the day of , A. D., 1 ," 

filling the blanks with the day, month and year corresponding with 
the date of such payment. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 173 

ELECTION FOR BORROWING MONEY— Sec. 4. Whenever it is 
desired to hold an election for the purpose of borrowing money, as 
provided for in this article of this act, the directors of the district in 
vi'hich such election is to be held, shall give at least ten days' notice of 
the holding of such election, by posting notices in at least three of the 
most public places in such district. Such notices shall specify the place 
where such election is to be held, the time of opening and closing the 
polls, and the question or proposition to be voted upon, which notice 
may be substantially in the following form, viz.: 

NOTICE OF ELECTION, 

Public notice is hereby given, that on the day of , 

A. D., 1 , an election will be held at school district 

No ...., in township No , range No , of the 

principal meridian, in county, Illinois, for the 

purpose of voting "For" or "Against" the proposition to issue the 

bonds of said school district No to the amount of 

dollars due (here insert the times of pa3'ment, giving the amouutfalling 
due each year, if the bonds mature at different dates), which bonds are 

to bear interest at the rate of percent, per annum, payable 

annually. 

The polls of said election will be opened at o'clock M., and 

will remain open until o'clock M. 

Dated this day of .,,., A, D., 1.. 

A. B„ 
CD., 
E. F., 
Directors. 

ELECTION— Sec, 5. At such election two of the directors of such 
district shall act as judges and one of said directors shall act as clerk. 
In case either or any of said directors shall fail, from any cause, to be 
present or to act at such election, at the time of opening the polls 
thereof, the legal voters assembled shall choose, from their number, 
persons to act as such two judges, and a clerk of said election. The 
said judges and the said clerk shall take and subscribe the oath re- 
quired of judges and clerks of an election held for state or county 
officers, and such oath may be administered in the same manner, as is 
or may be provided by law for administering the oath to judges and 
clerks at a state or county election. At such election all votes shall be 
by ballot. In districts which have adopted the provisions of "An act 
regulating the holding of elections, and declaring the result thereof 
in cities, villages and incorporated towns in this state," approved 
June 19, 1885, the said election shall be held under the provisions of 
said act. 

RETURNS — Sec. 6. Within ten days after every such election, the 
judges shall cause the poll-book to be returned to the township treas- 
urer, who is required to register such bonds, with a certificate thereon 
showing the result of such election, which poll-book shall be filed and 
safely kept b\' the said township treasurer, and shall be evidence of 
such election. For a failure to return such poll-book to such treasurer 



174 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

within the time prescribed, the judges of said election shall severally 
be liable to a penalty of not less than twenty-five dollars ($25) nor 
more than one hundred dollars ($100), to be recovered in a suit in the 
name of the people of the State of Illin /is, before any justice of the 
peace, and, when collected, shall be added to the township school fund 
of the township in which said treasttrer lesides. 

REFUNDING BONDS— Sec. 7. In all cases where any school dis- 
trict has heretofore issued or ma3^ hereafter issue bonds, or other evi- 
dences of indebtedness, for mone^' on account of any public school 
building or other public improvement, or for any other purposes which 
are now binding and subsisting legal obligations against said school 
district, and remaining outstanding, and which are properly author- 
ized by law, the proper authorities of such school district maj', upon 
the surrender of any such bonds or other evidences of indebtedness, or 
any number thereof, issue in place or in lieu thereof, or to take up the 
same, to the holders or owners of the same, or to other persons for 
money with which to take up the same, new bonds or other evidences 
of indebtedness, in such form, for such amount, upon such time, not 
exceeding the term of twenty (20) years, and drawing such rate of" 
interest, not exceeding seven (7) per centum per annum, as may be 
determined upon; and such new bonds orother evidences of indebted- 
ness so issued shall show, on their face, that they are issued under 
this act: Pro v/cfecf, that the issue of such new bonds in lieu of SKch 
indebtedness shall fiirst be authorized by a vote of the legal voters of 
such school district voting at an election called and conducted as other 
elections provided for by this article of this act: And, provided^ 
farlher, that such bonds or other evidences of indebtedness shall not 
be issued so as to increase the aggregate indebtedness of such school 
district beyond five (5) per centum on the value of the taxable prop- 
erty therein, to be ascertained by the last assessment lor state and 
county taxes prior to the issuing of such bonds or other evidences of 
indebtedness. [As amended April 2t, 1899-; in force July 1, 1399 ] 

Create Debts — School districts are not authorized to create any 
debts, except for building, repairing or purchasing school houses, buy- 
ing school sites and improving the same. This includes all for which 
they may contract debts, except for teaching. School boards have 
such power as the statute gives them, and such others only as are 
necessary to enable them to carrv into effc;ct the powers granted. 72 
111., 502. 

Vote Required — If a school house is to be enlarged, it requires a 
vote of the people to authorize the board to act. If the house is in 
need of a new roof, or a floor, etc., the board can make the repair on 
its own motion, but if there is no fund with which to make the repairs, 
then the board must ask the people to authorize the board, by vote, to 
borrow money. In such cases the vote is taken on the question of 
borrowing money for repairs. School boards and the people are lim- 
ited in power as to contracting indebtedness to an amount not ex- 
ceeding five per cent, on the last assessment roll. Const. III., .\rt. 9, 
Sec. 12; 125 111.. 600. 



MANUAL OF THE ILLINOIS SCHOOL LAWS, 175 

Bonds cannot be issued for a longer period than twenty years, nor 
can the five per cent, be exceeded for the purpose of paying outstand- 
ing bonds. 

Time Orders — A vote to borrow money, and "execute bonds," will 
allow the school board to issue a time order drawing interest, or a 
promissory note drawing interest, and such order, note, etc, will be 
legal and binding. 91 111., 402. 

School boards should use care in calling and conducting elections at 
which the question of borrowing money is to be voted upon, and in 
making their record it should include a copy of the election notice, as 
such notices are one of the essential parts of the record. 

Ballot To Conform — The ballots must conform to the notice, 
and there must be a majority for a proposition before the board is au- 
thorized to act. If, in the notice, the proposition is to borrow six 
hundred and fifty dollars, and ten votes are for the proposition and 
eleven votes are for borrowing five hundred dollars, it cannot be con- 
sidered that any authority has been given the board to borrow the 
less sum, for the reason it is not the proposition that was submitted, 
and that the proposition that was submitted has failed because there 
are eleven votes against it. If a vote is not taken upon a proper 
notice, the directors are given no power to act, and bonds issued upon 
such a vote would not be a legal claim against the district. 93 111., 
240; 98 111., 632. 

Important Duty — A district, when issuing bonds or evidence of 
indebtedness, should keep a record of the same, showing all the facts 
connected therewith, as the date, number, amounts of the different 
bonds, rate of interest, and when due, etc., etc. School bonds and 
such evidences of indebtedness may not be sold for less than par. 

Sale of Bonds — From the wording of the law, it seems that school 
boards are not obliged to sell the bonds for cash. The board may buy 
a house and site with such bonds, or contract with parties to build a 
house and take the bonds in payment. 98 III., 335. 

This plan of disposing of the bonds is not a safe rule, and should 
not be followed by school officers in transacting the business of the 
people. The rule laid down by the supreme court of one of the sister 
states is much more safe. 16 Neb., 182. 

Members Not To Purchase— Members of school boards do, at 
times, take the bonds of their districts, paying for them in cash at par. 
Such sales are illegal, and contrary to law and good policy. 54 111., 
338; 94 111., 528. 

Where Payable — School bonds, and the interest thereon, and 
school orders are payable at the office of the township treasurer, and 
mav not be made pavable at anv other place. 22 111., 147; 31 111., 529; 
68 in., 530. 

Bonds Registered — Since the above decisions were .rendered, the 
law has been changed, by providing for the registration of the bonds 
with the state auditor. There can be nothing gained by such registra- 
tion, except when the bonds are to be sold away from home at some 
distance. In such cases the state auditor provides for the payment of 
the interest through the state treasurer, by seeing that a tax is annu- 
ally levied and collected from the district, for the purpose of paying 
the interest on such bonds. 

Illegal Bonds — Bonds given by a school board to obtain money 
which was not borrowed or used for any purpose for which the board 
was authorized, by its charter, to borrow monev or issue bonds, are 
void. 155 111., 441. 



176 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

ARTICLE X. 

COUNTY CLERK. 



§ 5. To compute tax; to copy the numbers 
of districts; to extend tax and to 
send certificate of amount due each 
district, etc 

§ 6. To certify to bills of county superin- 
tendents, and to transniit them to- 
state auditor. 

S 7. To record land sales reported by 
county superintendent. 



I 1. To furnish to county superintendent 

a list of trustees elected. 
§2. To file pai>ers relating- to changes in 

district boundaries; penalty for 

failure to- i^o so. 
I 3. To furnish certificate of equalized 

value of taxable property in case 

of district in two counties. 
§ 4. To fnrnish certificate of equalized 

value of taxable property to any 

district. 

FURNISH LIST — Sec. 1. In all cases where,, by any provision of 
laws, the returns of any election for school trustees are made to the 
county clerk of any county, it shall be the duty of the county clerk,, 
within ten days after such returns have been made to him as afore- 
said, to furnish to the county superintendent- of schools a list of all 
such trustees so returned to him, and the township from which the 
same have been so returned. 

FILE MAP — Sec. 2. Whenever any change shall be made in the 
boundaries of any school district, and a written statement or record 
of such change shall be delivered to the county clerk of such county, it 
shall be the duty of said county clerk to file such statement or record, 
and all papers relating thereto, and duly record the same in the records 
of his office; and, in case of neglect or failure so to do, the said county 
clerk shall be liable to a penalti^ of twenty-five dollars ($25), to be 
recovered by an action of debt before any justice of the peace, at the 
suit of the county superintendent, for the benefit of the school fund of 
the said county. 

CERTIFICATE OF VALUATION— Sec. 3. Whenever any school 
district lies partly in two or more counties, it shall be the duty of the 
county clerk of each county in which any part of such district lies to 
furnish, upon request, to the directors of such district a certificate 
showing the last ascertained equalized value of the taxable property 
in that part of such district lying in such county. 

VALUATION CERTIFICATE—Sec. 4. It shall be the duty of the 
county clerk to furnish to the directors of any school district, or to the 
board of education in districts having a board of education, upon re- 
quest, a certificate showing the last ascertained equalized' value of the 
taxable property of such district, as the same appears of record in 

his office. 

EXTEND TAA"— Sec. 5. It shall be the duty of the county clerk, 

when making out the tax books for the collector, to compute each 
taxable person's tax in each school district, upon the total amount of 
taxable property, as equalized by the state board of equalization for 
that year, lying and being in such district, whether belonging to resi- 
dents or non-residents, and also each aud every tract of land assessed 
bv the assessor which lies, or the largest part of which lies, in such 
district. SuA computation shall be made so as to realize the amount 
of money required to be raised in such district, as shown and set forth 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 177 

in the certificate of tax \evy, made out by the directors of such district, 
and filed with the township treasurer, as required by the provisions 
of this act. The said county clerk shall cause each person's tax, so 
computed, to be set upon the tax book to be delivered to the collector 
for that year, in a separate column against each taxpayer's name, or 
parcel of taxable property, as it appears in said collector's books, to 
be collected in the same manner, and at the same time, and by the 
same person, as state and county taxes are collected. In making up 
the tax books to be delivered to the collectors of taxes, the county 
clerk shall copy into such tax books the number of the school district 
set opposite to each person's assessment of personal property by the 
assessor making the assessment of such person, and to extend the 
school tax on each person's assessment of personal property, accord- 
ing to the rate required by the amount designated by the directors of 
the school district in which such person resides, as shown by said cer- 
tificate of tax levy. The computation of each person's tax and the 
levy made by the clerk, as aforesaid, shall be final and conclusive: 
Provided, that the rate shall be uniform, and shall not exceed that re- 
quired by the amount certified by the board of directors. The said 
county clerk, before delivering the tax book to the collector, shall 
make out and send by mail to each township treasurer of the county a 
certificate of the amount due each district, or fraction of a district, in 
his township, of said tax so levied and placed upon the tax books. 

Should Demand Certificate— The county clerks in many of the 
counties fail to make the certificate required, thus leaving the town- 
ship treasurers and collectors to make settlement. The treasurers 
should demand this certificate from their clerk. 

TO CERTIFY BILL TO AUDITOR—Sec. 6. Whenever the county 
board of any county shall have audited the itemized bills of the counly 
superintendents of schools or their assistants, as required by the pro- 
visions of this act, it shall be the duty of the county clerk of such 
county to certify to such act, and transmit the said bills to the auditor 
of public accounts, who shall, upon the receipt of them, remit, in pay- 
ment thereof to each superintendent, his warrant upon the state treas- 
urer for the amount certified to be due him; and the auditor, in making 
his warrant to any county for the amount due from the state school 
fund, shall deduct from it the several amounts for which warrants 
have been issued to the county superintendents of said county since 
the next preceding apportionment of the state school fund. 

RECORD REPORT— Sec. 7. The county clerk of each county shall 
preserve and record in a well-bound book to be kept for that purpose, 
the report of the county superintendent, made to the county board at 
the first regular term of such board in each year, relating to the sale ol 
school lands, the amount of money received, paid, loaned out and on 
hand, belonging to each township fun'l in his control, and the state- 
ment copied from the loan book of such county superintendent, show- 
ing all the facts in regard to loans, which are required to be stated on 
the loan book. 

12 



178 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

ARTICLE XI. 

COUNTY BOARD. 

k( 1. Powers of the count.v board defined. I §a Statement of land sales by the county 

superintendent. 
§ 2. Duties of the county board defined. | 

POWER— Sec. 1. The county board of each county of this state 
shall have power — 

First — To approve the bond of the county superintendent of schools. 

Surety Bonds — As the law nov^^ reads, concerning bonds with per- 
sonal security, many whose duty it is to approve and accept bonds of 
county superintendents and school treasurers, have some doubt about 
the legalitx^ of accepting bonds made by a surety company. That such 
bonds are' authorized by law, there can be no question, and the 
strongest evidence that such bonds are legal, etc., is the law itself. It 
the company offering the bond is authorized to do business in the 
state, the officers have tho right to accept such in lieu of personal 
bonds. The statute reads: 

"That whenever any bond, recognizance or other obligation is, by 
law or charter, ordinances, rules or regulations of the state, or of any 
municipality, board, body, organization, court, judge or public officer 
required, or permitted to be made, given, tendered or filed with surety 
or sureties, and whenever the performance of any act, dutv^ or obliga- 
tion, or the refraining from any act is required or permitted to be 
guaranteed, such bond or obligation, recognizance or guaranty, may 
be executed by a surety qualified as hereinafter provided; and such exe- 
cution, by such company of such bond, obligation, recognizance or 
guarantv, shall be in all respects a full and complete compliance with 
ever V requirement of law, charter, ordinance, rule or regulation that 
such bond, obligation, recognizance or guaranty shall be executed by 
one suretv, or by one or more sureties, or that such sureties shall be 
residents,' or householders, or freeholders, or either, or both, or possess 
any other qualifications; and such company may be released from its 
liability of any such obligation upon the same terms and conditions as 
are by "law prescribed for the release of personal sureties. * * * * 
That all acts, and parts ot acts inconsistent with this act, be and they 
are hereby repealed." Kurd's Revised Statute, 462, (1899.) 

Second— To increase the penalty of the bond of the county superin- 
tendent of schools beyond twelve thousand dollars ($12,000) if, in the 
discretion of said county board, such bond should be so increased. 

Third — To remove the county superintendent of schools from office 
for any palpable violation of law or omission of duty. 

Note— This grant of power is not annulled by the repeal of section 
7, article II. 

Fourth— To require the county superintendent of schools, after 
notice given, to execute a new bond, conditioned and approved as the 
first bond, whenever in the discretion of the county board such new 
bond is necessary: Provided, however, that the execution of such new 
bond shall not affect the old bond or the liability of the security 
thereof. 

Fifth — To require the county superintendent of schools to make the 
reports to such board provided for by law, and to remove him from 
office in case of neglect or refusal so to do. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 179 

Sixth — In counties having not more than one hundred (100) schools, 
the board may limit the time of the superintendent of schools: Pro- 
vided, that in the counties havmg not more than fifty (50) schools, the 
limit of time shall not be less than one hundred and fiftj^ (150) days a 
year; in counties having from fift\^-one (51) to seventy-five (75) schools, 
not less than two hundred (200) days a year, and in counties having 
from seventy-six (76) to one hundred (100) schools, not less than two 
hundred and fifty (250) days. 

Seventh — Said county board shall authorize the county superin- 
tendent of schools to employ such assistants as he needs for the full 
discharge of his duties, and said county board shall fix the compen- 
sation to be paid therefor, which compensation shall be paid out of 
the countj' treasury. 

DUTIES OF BOARD— Sec. 2. It shall be the duty of the county 
board of each county of this state — 

First — To provide for the county superintendent of schools a suit- 
able office with necessary furniture and office supplies, as is done in 
the case of other county officers. 

Second — When the office of county superintendent of schools shall 
become vacant by death, resignation, removal or otherwise, to fill the 
same by appointment. And tht person so appointed shall hold his 
office until the next election of county officers, at which election the 
said board shall order the election of a successor. 

Third — To examine and approve or reject the report of the county 
superintendent of schools made to such board, and the notes and se- 
curities taken by such superintendent for school funds. 

Fourth — At the regular meeting in September, and as near quar- 
terly thereafter as such board may have regular or special meetings, 
to audit the itemized bills of the county superintendent, and of his 
assistants, for their per diem compensation and expenses allowed by 
law for visiting schools. 

EXAMINE REPORT— Sec. 3. At the first regular term of the 
county board, in each year, the county superintendent shall present to 
the county board of his county— 

pirst — A statement showing the sales of school lands made subse- 
quent to the first regular term of the previous j^ear, which shall be a 
true copy of the sale book (book B). 

Second— Statements of the amount of money received, paid, loaned 
out and in hand, belonging to each township or fund under his control, 
the statement of each fund to be separate. 

Third — Statements copied from his loan book (book C), showing 
all the facts in regard to loans which are required to be stated on the 
loan book. 

All of which the county board shall thereupon examine and com- 
pare with the vouchers, and the said county board, or so many of 
them as mav be present at the meeting of the board, ^hall be liable 



180 MANUAL OF THE ILLINOIS SCHO0L LAWS. 

i \ 

individually to the fund injured and to the securities of the county 

superintendent, in case judgment be recovered of the said securities, 
for all damages occasioaed by a neglect of the duties, or any of them, 
required of said board by this section: Provided, nothing herein con- 
tained shall be construed to exempt the securities of said county 
superintendent from any liability as such securities, but they shall still 
be liable to the fund injured the same as if the members of the county 
board were not liable to them for neglect of their duty. 

Examine Vouchers, Etc. — It is the duty of the county board 
to examine the accounts, vouchers, books, and reports of the county 
superintendent at their annual meeting in September. While the pow- 
ers of the county board are limited as to directing the superintendent 
as he is clothed with discretionary power in dealing with the funds 
under his control, it is the duty of the board to verify his accounts and 
reports, and here their authority ends, unless the county superintend- 
ent violates the law, then the3' have the power to remove him or hold 
him on his bond. It is a paramount duty of this officer, as well as all 
other public officers, to keep his books and records in a systematic way 
and make such reports as shall be accurate and satisfactor3^ to the 
board and the public. It should be the pride and aim of a county 
superintendent to so conduct the administration of his office as to court 
inspection and merit approval. If the county superintendent contracts 
bills which the board did noc authorize, and they fail to audit the ac- 
counts, the superintendent will have to pay them himself. 

Children i.n Poor House — The statute makes it the duty of 
the countj' board to audit and pay the tuition of pupils kept at the 
poor house and attend the public school in the district where such poor 
house is located, as the law provides that such children shall have the 
right to attend such school, and it is the dut\^ of the county board to 
provide such children with the necessary books, etc. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



181 



ARTICLE XII. 



§ 1. 

§ 2. 
§ i 



To consist of a two-mill tax; inter- 
est ot school fund proper and of 
surplus revenue. 



State to pay interest. 

Dividend to counties made by State 
Auditor. 

Warrants issued by the State Audit- 
or, and received by the collectors 
by State Treasurers. 

County superintendent to proceed 
against collector on his refusal to 
pay. 



SCHOOL FUND. 

6. Proceeds of the sale of sixteenth 
section, etc., constitute prin.iipal of 
township fund, etc.; interest dis- 
tributed. 



S 7. Moneys paid out upon orders. 

§ 8, Form of orders; filing' of orders. 

§ 9. Unioii districts; receipts to be taken. 

§ 10. Loans in districts under a special 
charter. 



DISTRIBUTABLE FUND— Sec. 1. The common school fund of this 
state shall consist of the proceeds of a two-mill tax to be levied upon 
each dollar's valuation of the property in the state, annually, until 
otherwise provided b3'law; the interest on which is known as the 
school fund proper, being three per cent, upon the proceeds of the sales 
of the public lands in the state, one-sixth part excepted, and the inter- 
est on what is known as the surplus revenue, distributed by act of con- 
gress and made a part of the common school fund by act of the legis- 
lature, March 4, 1837. 

RATE OF INTEREST— Sec. 2. The state shall pay the interest 
mentioned in the preceding section at the rate of six per cent, per an- 
num, annually, to be paid into, and become a part of, said school fund. 

Sources of Funds — Since 1872, in which year the legislature 
appropriated one million dollars for school purposes in lien of the two- 
mill tax, and in the twenty-third clause of the act making appropria- 
tions for the expense of the state government, this amount was appro- 
priated to the counties from the state school fund, and authority was 
given to the auditor of public accounts to 'issue his warrant, on the 
proper evidence that the amount distributed had been paid to the 
county superintendents." The same course has been followed each year 
since. The auditor makes the distribution on the United States census 
— hence a reapportionment takes place every ten years in this fund. 

AUDITOR'S WARRANTS— Sec. 3: On the first Monday in January 
in each and every year next after taking the census of the state, by 
federal or state authority, the auditor of public accounts shall ascer- 
tain the number of children in each county in the state under twenty- 
one years of age, and shall thereupon make a dividend to each county 
of the sum from the tax levied and collected under the provisions of the 
first section ot this article of this act, and of the interest due on the 
school fund proper and surplus revenue, in proportion to the number 
of children in each county under the age aforesaid, and issue his war- 
rant to the superintendent of schools of each county upon the collector 
thereof. Upon presentation of said warrant hy the eonnty superin- 
tendent to the collector of his county, said collector or the treasurer 



182 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

shall pay over to the county superintendent the amount of said war- 
rant out of the first funds which may be collected by him and not 
otherwise appropriated b}^ law, taking said superintendent's receipt 
therefor. 

STATE TREASURER— Sec. 4. The said warrants issued by the 
auditor of public accounts for the school fund tax, and for the interest 
ot the school fund proper and surplus revenue, shall be received by the 
state treasurer in payment of amounts due the state from county col- 
lectors; and on presentation by the state treasurer of said warrants 
to said auditor, he shall issue his warrant to said treasurer of the 
school fund for the amount of the school fund tax warrants, and on 
the revenue fund for the amount of the warrants for interest on the 
school fund proper and surplus revenue. Dividends shall be made as 
aloresaid, according to the proportions ascertained to be due to each 
county annuall_v thereafter, until another census shall have been taken, 
and then dividends shall be made and continued as aforesaid, accord- 
ing to the last census. 

Note. — The interest mentioned in section twoistheintereston the sev- 
eral funds which the state has borrowed : The school fund proper, the 
seminarv fund, the college fund and the surplus revenue fund, in aggre- 
o-ate somewhat more than one million one hundred sixty-five or sixty- 
six thousand dollars. The common school fund receives of the interest 
on this loan about fifty-five thousand dollars annually, and the 
state normal schools receive about thirteen thousand. 

FAILURE TO PAY— Sec. 5. If any collector shall fail or refuse to 
pav the amount of the aforesaid auditor's warrant, or any part there- 
of, by the first day of March, annually, or as soon thereafter as itmay 
be presented, it shall be competent for the county superintendent to 
proceed against said collector and his securities in an action of debt, in 
anv court having competent jurisdiction, and the said collector shall 
payinterest at the rate of twelve per centum per annum, to beassessed 
as damages upon the amount due, and which interest shall be included 
in the judgment obtained against him : Provided, that if it satisfac- 
torily appears to the court that on said first day of March, or on the 
day of presentation for paj^ment thereafter, that said collector had not 
as yet, collected funds sufficient to pay said warrant, said interestshall 
not be allowed upon said warrant. 

Not Negotiable — The auditor's warrants mentioned here are 
not negotiable, and are onl3- payable to the county superintendent, 
and must be paid in full without deduction for commission. The au- 
ditor will settle with the collector for the commission due. 

ADDITION TO FUND— Sec. 6. All bonds, notes, mortgages, moneys 
and effects which have heretofore accrued or may hereafter accrue from 
the sale of the sixteenth section of the common school lands of any 
township or county, or from the sale of any real estate or other prop- 
erty taken on any judgment or for any debt due to the principal of any 
township or count3' fund, and all other funds of every description which 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 183 

have been or may hereafter be carried to and made part of th^prlacipal 
of any township or county futid, by any law which has heretofore 
been, is now or may hereafter be enacted, are her«^by declared to be 
and shall forever constitute the principal of the township or county 
fund respectively; and no part thereof shall ever be distributed or ex- 
pended for any purpose whatever, but the same shall be loaned out and 
held to use, rent or profit, as provided by law. But the interest, rents, 
issues and profits arising and accruing from the principal of said town- 
ship or county fund, shall be distributed in the manner and at the times 
as provided by this act; nor shall any part of such interest, rents, 
issues and profits be carried to the principal of the respective funds, ex- 
cept it appear on the first Monday in October in any j^ear, that there 
is rent, interest or other funds on hand which are not required for dis- 
tribution, such amount not required, as aforesaid, may, if the board 
of trustees see proper, forever be considered as principal in the funds to 
which it belongs and loaned as such. 

Interpretation — It seems that the law intends the income, in- 
terest and rents from the township fund shall be distributed to the 
schools. There is no place in the law that indicates or speaks of build- 
ing up and enlarging the principal of the fund, so long as people are 
required to levey and collect taxes for the purpose of maintaining 
schools in a township. We see no authority for adding any part of 
the income to the principal as long as people collect special school taxes 
to support schools. 

FUNDS PAID OUT— Sec. 7. School funds collected from special 
taxes, levied by order of school directors, or from the sale of property 
belonging to any district, shall be paid out only on the order of the 
proper board of directors; and all other moneys or school funds liable 
to distribution, paid into the township treasury, or coming into the 
hands of the township treasurer, shall, after said funds have been ap- 
portioned by the township trustees, as required in section 26 of article 
III of this act, be paid out only on the order of the proper board of 
directors,- signed by the president and clerk of said board, or by a ma- 
jority of said board. For all payments made, receipts shall be taken 
and filed by said board of directors. 

FORM OF ORDER— Sec. 8. In all such orders shall be stated the 
purpose for which or on what account drawn. Said orders may be in 
the following form, viz : 

The treasurer of township No , range No , in county-, 

will pay to or order, dollars and cents (on his 

contract for reparing school house, or whatever the case may be). 

By order of the board of directors of school district No , in said 

township. A. B., President. 

CD.. Clerk. 

Which order, together with the receipt of the person to whom paid, 
shall be filed in the office of the township treasurer: Provided, that 
when an order is paid in full, such order, if properly endorsed by the 
person in whose favor it was drawn, and his assigns, if any, shall be 
a sufficient receipt for the purposes of this section. 



184 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

UINON DISTRICT— ^ec. 9. When a district is composed of parts 
of two or more town hips, the township treasurer or treasurers who 
do not receive the tax m jney of said district, shall, when they hold any 
funds belonging to said district, notify the directors thereof of the 
amount of such funds, and the directors shall thereupon give the treas- 
urer who receives the tax money of said district an order for such 
funds, and upon receipt thereof he shall hold them, to be paid out as 
aforesaid. 

SPECIAL DISTRICTS— Sec. 10, In all cases where school funds 
are held by an3' person or persons in an official capacity, by virtue of 
any special charter defining the manner of loaning the same, such 
money may be loaned upon the same terms and conditions as are pro- 
vided by this act, or may hereafter be provided, by the school laws of 
this state, for loaning the school funds of counties or townships. 

No Right — A school board has no authority for making any ac- 
ceptances of orders drafts, etc., so as to bind the district and create a 
right of action against it. 72 111., 508. 

Cannot Delegate Power — A member of a school board may 
not delegate to any other member or person the right to sign his name 
to any school order. An order void in its inception cannot be made 
valid by any act of an\' succeeding board or by the promise of any 
official to pay it. 47 111., 525. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



185 



ARTICLE XIII. 



SCHOOL LANDS. 



Section sixteen. 



Business relatine; to school lands; 
where transacted. 

Renting and sale of school lands. 

Right of way and depot grounds for 
use of railroads. 



§ 5. Trespass on school land; penalty. 

§ 6. Trespasser liable to indictment. 

§ 7. Penalties and .fines to be paid to 
township treasurer. 

§ 8. Petition for sale. 

§ 9. Fractiooal township. 

§ 10. Divided into lots by trustees. 

Making of a plat. 

Size of lots, roads and streets. 



§ 11 
§ 12, 

§ 13, 



Valuation plats and certificate given 
to county superintendent. 



§ 16. Terms of sale; amount of bid bor- 
rowed. 

§ 17. Manner of sale 

§ 18. Payment; land lesold; suit instituted 

§ 19. Unsold land afterwards subject to 
sal 3. 

§ 20. Re-valuation of unsold land; no pe- 
tition required. 

§ 21. Certificate of purchase. 

§ 22. Statement of sales by county super- 
intendent. 

§23. Transcript sent to auditor. 

§ 21. Patents; certificates of sale; evidence 
of sale. 

§ 25. Duplicatesof certificates of purchase 

§ 26. Real estate taken for debt, sold by 
county superintendent. 

§ 27. Trustees may dedicate land for 
streets. 



§ 14. Advertising the sale; form of notice. 
§ 15. Plac3 of sale. 

SCHOOL LANDS—Sec. 1. Section number sixteen (16) in every 
township granted to the state by the United States for the use of 
schools, and such sections and parts of section as have been or may be 
granted, as aforesaid, in lieu of all or part of section number sixteen 
(16), and also the lands which have been or may be selected and 
granted as aforesaid, for the use of schools, to the inhabitants of frac- 
tional townships in which there is no section number sixteen (16), or 
where such section shall not contain the proper proportion for the use 
of schools in such fractional township, shall be held as common school 
lands; and the provisions of this act referring to common schoollands 
shall be deemed to apply to the lands aforesaid. 

BUSINESS— Sec. 2. All the business of such townships, so far as 
relates to common school lands, shall be transacted in that countv 
which contains all or a greater portion of said lands. 

LEASB—Sec. 3. It shall be lawful for the trustees of schools in 
townships in which section number sixteen (16), or any other lands 
granted in lieu thereof, remain unsold or which has title to any other 
school lands whatsoever, to rent or lease the same for an annual rent 
to be paid in money to the treasurer, by a written contract made by 
the president and clerk, under direction of the board, with lessee or 
lessees, which contract shall be filed with the records of the board, and 
a copy of the same transmitted to the county superintendent. In case 
of any default in the payment of the rent, the said board of trustees 
shall at once proceed to collect the same by distress, or otherwise, as 



186 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

may be provided by law for the collection of rents by landlords. No 
lease taken under the provisions of this act, shall be for a longer period 
than five years, except where such lands are leased for the purpose of 
having permanent improvements made thereon, as may be the case in 
cities and villages: Provided, that the provisions of this section shall 
not apply to cities having a pop&lation of over one hundred thousand 
(100,000) inhabitants. 

SELL TO RAILROADS— ^ec. 4. The trustees of schools of any 
township concerned are hereby authorized and enipowered in their 
corporate capacity, t / sell and convey to any railroad company which 
may construct a railroad across any of the public school lands of such 
township, the right of way and necessary depot grounds. All moneys 
received by such trustees for any ri^ ht of way or depot grounds so 
sold, shall be turned over by such trustees to the township treasurer of 
the township for the benefit of the township school fund. 

TRESPASS — Sec. 5. If any person shall, without being duly author- 
ized, cut, fell, box, bore, destroy or carry away any tree, sapling or log 
standing or being upon any school lands, such person shall forfeit and 
pay for every tree, sapling or log so felled, boxed, bored, destroyed or 
carried away, the sum of eight dollars ($8), which penalty shall be re- 
covered with costs of suit, by an action of debt or assu.npsit, before 
anv justice of the peace having jurisdiction of the amount claimed, or 
in the county or circuit court, either in the corporate name of the board 
of trustees of the township to which the land belongs, or by qui tarn 
action in the name of any person who will first sue for the same, one- 
half of the judgment for the use ol the person suing an 1 the other 
half for the use of the township aforesaid. When two or more pers.ons 
shall be concerned in the same trespass, they shall be jointly and sev- 
erally liable for the penalty herein imposed. 

INDICTMENT— Sec. 6. Every trespasser upon common school 
lands shall be liable to indictment, and upon conviction shall be fined 
in three times the amount of the injury occasioned by said trespass,, 
and shall stand committed as in other cases of misdemeanor, 

PENALTIES— Sec. 7. All penalties and fines collected under the 
provisions of the foregoing sections shall be paid to the township 
treasurer, and be added to the principal of the township fund. 

SALE — Sec. 8. When the inhabitants of any township or fractional 
township shall desire the sale of the common school lands of the town- 
ship or fractional township, they shall present a petition to thecounty 
superintendent of the county in which the school lands of the town- 
ship, or the greater part thereof, lie, for the sale thereof, which petition 
shall be signed by at least two-thirds of the legal voters of the town- 
ship or fractional township. The signing of the petition must be done 
in the presence of two adult citizens of the township, after the true 
meaning and purpose thereof have been explained, and when signed an 
affidavit must be affixed thereto by the two citizens witnessing the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 187 

signing, in the manner aforesaid, which affidavit shall state the num- 
ber of inhabitants in the township or fractional township of and over 
twentj-one years of age, and said petition, so proved, shall be deliv- 
ered to the county superintendent for his action thereon: Provided, 
that in townships having a population of more than ten thousand in- 
habitants such petition shall be signed by at least one-tenth of the 
legal voters of the township or fractional township, and not two-thirds 
thereof, and that such petition shall be delivered to the county super- 
intendent at least fifteen days preceding the regular election of trus- 
tees, or the date of a special election which may be called for such pur- 
pose, and thereupon it shall be the duty of said county superintendent 
to notify the voters of such township that an election for or against 
the proposition to sell common school lands of the township or a por- 
tion thereof will be held at the next regular election of trustees, or at 
a special election called for that purpose, by posting notices of such 
election in at least ten of the most public places throughout such town- 
ship for at least ten days before the date of such regular or special 
election, which notice may be in the following form, to-wit: 

"Election for sale of common school lands. Notice is hereb^^ given 

that on , the day of , A. D '...., an 

election will be held at for the purpose of voting 'for' or 

'against' the proposition to sell common school lands of the township, 
to-wit: (Here insert description of said lands). The polls of said elec- 
tion will be open at and close at o'clock of said day. 

A. B., County Superintendent. 

The ballots of such election shall be received and canvassed as in 
othei elections provided for in this act, and returns of the result thereof 
made to the count\^ superintendent, and if it shall appear that two- 
thirds of the vote upon such proposition shall have been cast in favor 
of the sale of said lands, then the said county superintendent shall act 
thereon: And, provided, no whole section shall be sold in any town- 
ship containing less than two hundred inhabitants; and common 
school lands in fractional townships may be sold when the number of 
inhabitants and the number of acres are in the ratio of two hundred 
to six hundred and forty, but not before. 

As amended May 10, 1901. In force July 1, 1901. 

FRACTIONAL TOWNSHIPS— Siec. 9. Any fractional township 
not having the requisite number of inhabitants co petition for the sale 
of the school lands therein, as provided in section 8 of this article of 
this act, which has not heretofore been united with any other town 
ship for school purposes, which does not contain a sufficient number of 
inhabitants to maintain a free school, is hereby attached to the adja- 
cent congressional township having the longest territorial line border- 
ing on such fractional township, for school purposes, and all the pro- 
visions of this act shall apply to such united townships, the same as 
though they were one and the same township. 



1B8 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

DIVISION OF LAND— Sec. 10. When the petition and affidavits 
are delivered to the county superintendent, as aforesaid, he shall notify 
the trustees of said township thereof, and said trustees shall immedi- 
ately proceed to divide the land into tracts or lots, of such form and 
quantity as will produce the largest amount of money. 

PLAT — Sec. 11. After making the division required by the forego- 
ing section, said trustees shall cause a correct plat of the same to be 
made, representing all divisions, with each lot numbered and defined, 
so that its boundaries may be forever ascertained. 

LOTS AND STREETS— Sec. 12. In subdividing said common school 
lands for sale no lot shall contain more than 80 acres, and the division 
may be made into town or village lots, with roads, streets or alleys 
between them and through the same; and all such divisions, with all 
similar divisions hereafter made, are hereby declared legal, and all such 
roads, streets and alleys, public highways. 

VALUATION — Sec. 13. Alter such division into lots has been made 
and platted, the tru^itees of schools shall fix a value on each lot, hav- 
ino- regard to the terms of sale, certify to the correctness of the plat, 
stating the value of each lot per acre, or per lot if less than one acre, 
and referring to and describing the lot in the certificate, so as fully and 
clearly to distinguish and identify each lot ; which plats and certificate 
shall be delivered to the county superintendent, and shall govern him 
in advertising and selling such lands. 

ADVERTISEMENT—Sec. 14. Upon the reception by the county 
superintendent of the plat and certificate of valuation from the trus- 
tees, he shall proceed to advertise the said land for sale in lots, as 
divided and laid off by said trustees, bj'^ posting notices thereof in at 
least six (6) public places in the county, forty days before the day of 
sale, describing the land and stating the time, place and terms of sale; 
and if any newspaper is published in said county, said advertisement 
shall be printed therein for four weeks before the day of sale; if no 
newspaper is published in said countv, then such land may be sold un- 
der the notice aforesaid, which notice may be in the following form, 
viz: 

SALE OF SCHOOL LAND. 

Public notice is hereby given that on the day of 

j^_ D , between the hours of 10 o'clock a. m. and 6 o'^clocfc 

p. m., the undersignged superintendent of schools of county, 

will sell at public vendue to the highest bidder, at the door of 

the court house in (or on the premises) the following 

described real estate, the same being a part of the school lands of town- 
ship No .., range No , as divided and platted by the trustees of 

schools of said township, to- wit : (Here insert full and complete de- 
scription of said premises). Said lands will be sold for cash in hand, 
with the privilege to any purchaser of borrowing from the under- 
sio-ned the whole or any part of the amount of his bid, for not less 
than one nor more than five years, upon his paying interest and giving 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 189 

security, as required in case of a loan obtained from the township 
school fund. 

Dated this ..day of .., A. D., 



County Superintendent, 

County. 

PLACE OF SALE— Sec. 15. The place of selling common school 
lands shall be at the court house of the county in which the lands are 
situated ; or the trustees of schools may direct the sale to be made on 
the premises. 

TERMS — Sec. 16: The terms of selling common school lands shall 
be to the highest bidder for cash, with the privilege to each purchaser 
of borrowing from the county superintendent the amount or any part 
of the amount of his bid, for any period of not less than one year nor 
more than five years, upon his paying interest and giving security, as 
in case of money loaned by a township treasurer as provided in this 
act. 

SALE — Sec. 17. Upon the day appointed for such sale the county 
superintendent shall proceed to make sales as follows, viz: He shall 
begin at the lowest numbered lot ad proceed regularly to the highest 
numbered, till all are sold or offered. No lot shall be sold for less than 
its valuation by the trustees. Said sale shall be made between the 
hours of 10 o'clock a. m. and 6 o'clock p. m., and may continue from 
day to day. The lots shall be cried separately, and each lot cried long 
enough to enable any person present to bid who desires to bid , 

DELINQUENT PURCHASER—Sec. 18. Upon closing the sales 
each day, the purchasers shall each pay, or secure the payment of the 
purchase money, according to the terms of sale ; or in case of his fail- 
ure to do so by 10 o'clock the succeeding day, the lot purchased shall 
again be offered at public sale on the same terms as before, and if the 
valuation or more shall be bid, shall be stricken off; but if the valua- 
tion be not bid, the lot shall be put down as not sold. If the sale is or 
is not made, the former purchaser shall be required to pay the differ- 
ence between his bid and the valuation of the lot, and in case of his 
failing to make such payment, the county superintendent may forth- 
with itstitute an action of debt or assumpsit in his name, as superin- 
tendent, for the use of the inhabitants of the township where the land 
lies, for the required sum ; and upon making proof, shall be entitled to 
judgment with costs of suit; wdiich, when collected, shall be added to 
the principal of the township fund. If the sum claimed does not ex- 
ceed two hundred dollars, the suit may be commenced before a justice 
of the peace; if the sum demanded exceeds two hundred dollars, then 
suit may be brought in the circuit court of any county wherein the 
party may be found. 

PRIVATE SALE— Sec. 19. All lands not sold at bublic sale, as 
herein provided for, shall be subject to sale at any time thereafter, at 



190 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

the valuation ; and the county superintendents are authorized and re- 
quired, when in their power, to sell all such lands at private sale, upon 
the terms at which they were ofifered at public sale. 

REVALUATION— Sqc. 20. In all cases where common school lands 
have been heretofore valued, and have remained unsold for two years, 
after having been ofifered for sale, or shall hereafter remain unsold for 
that length of time, after being valued anl offered for sale, in conform- 
ity to this act, the trustees of schools where such lands are situated 
may vacate the valuation thereof by an order to be entered in book A 
of the county superintendent, and cause a new valuation to be made, 
if, in their opinion, the interests of the township will be promoted 
thereby. They shall make said second valuation in the same manner 
as the first was made, and shall deliver to the county superintendent 
a plat of such second valuation, with the order of vacation, to be en- 
tered as aforesaid ; whereupon, said county superintetdent shall pro- 
ceed to sell such lands in all respects, as if no former valuation had 
been made: Provided, that the second valuation may be made by the 
trustees of schools, without petition, as provided in this act for the 
first valuation. 

CERTIFICATE OF PURCHASE— Sec. 21. Upon the completion 
of every sale by the purchaser, the county superintendent shall enter 
the same in book B, and shall deliver to the purchaser a certificate of 
purchase, stating therein the name and residence of the purchaser, de- 
scribing the land and the price paid therefor, which certificate shall be 
evidence of the facts therein stated. 

COUNTY BOARD— Sec. 22. At the first regular term of the county 
board in each year, the county superintendent shall present to the 
county board of his county a statement showing the sales of school 
lands made subsequent to the first regular term of the previous year, 
which shall be a true cop\' of the sale book (book B). 

TO AUDITOR— Sec. 23. Tbecounty superintendent shall, also, atthe 
time aforesaid, transmit to the auditor of public accounts, a full and 
exact transcript from book B of all the sales mrde subsequent to each 
report. The statement required to be presented to the county board 
shall be preserved and copied by the clerk of said board into a well- 
bound book kept for that purpose; and the Hst transmitted to the 
auditor shall be filed, copied and preserved in like manner. 

PATENTS — Sec. 24. Every purchaser ol common school lands shall 
be entitled to a patent from the state, conveying and assuring the title. 
Patents shall be made r^ut by the auditor from returns made to him 
bv the county superintendent. The^^ shall contain a description of the 
land eranted, and shall be in the name of and signed by the governor, 
countersigned by the auditor, with the great seal of the state affi^ ed 
thereto by the secretary of state, and shall operate tc vest in the pur- 
chaser a perfect title in fee simple. When patents are executed as herein 
required, the auditor shall note on the list of sales the date of each 



MANUAL OF THE ILLINOIS SCHOOL LAWS, 191 

patent, in such manner as to perpetuate the eveidence of its date and 
delivery, and thereupon transmit the same to the county superintend- 
ent of the proper county, to be by him delivered to the patentee, his 
heirs or assigns, upon the return of the original certificate of purchase, 
which certificate, when returned shall be filed and preserved by the 
county superintendent ; and all such patents, heretofore or hereafter 
so issued by the state for school lands, or duly certified copies thereof 
from any record legally made, shall, after the lapse of ten years from 
the date of such patent, and such sale having been acquiesced in for 
ten years by the inhabitants of the township in which the land so con- 
veyed may be situated, be conclusive evidence as to the legality of the 
sale, and that the title to such land was, at the date of the patent, 
legally vested in the patentee. 

DUPLICATE — Sec. 25. Purchasers of common school lands, and 
their heirs and'assigns, my obtain duplicate copies of their certificates 
of purchase and patents, upon filing affidavit with the county superin- 
tendent in respect to certificates, and with the auditor in respect to 
patents, proving the loss or destruction of the originals; and such 
copies shall have the force and effect of the originals. 

SALE ON DEBT— Sec. 26. When any real estate shall have been 
taken for any debts due to any school fund, the title to which real 
estate has become vested in any county superintendent for the use of 
the inhabitants of one or more townships or of the county, the county 
superintendent may lease or sell such real estate for the benefit of such 
township or townships, or of the county, as provided in section 37 of 
Article III of this act, regulating the leasing and sales of lands by 
school trustees: Pror/'c/ec/, that in case the real estate be held for the 
benefit of any township or townships, it shall not be sold except upon 
the written request of the school trustees of said township or town- 
ships. The said county superintendent is hereby authorized to execute 
conveyances of such real estate to the purchasers when so sold. 

HIGHWAY AND RAILROAD— See. 27. The trustees of schools in 
any township are hereby authorized and empowered, in their corporate 
capacity, to lay out and dedicate to the public use, for street and high- 
way purposes, so much of the common school lands, which is unim- 
proved or unoccupied with buildings, as may be necessary to open or 
extend any street or highway which may be ordered opened or ex- 
tended by the municipal authorities, which are by law empowered to 
open or extend streets or highways in the territory where said school 
lands are located: Provided, that said trustees of schools shall be of 
the opinion that the benefits to accrue from the opening or extending 
of said street or highway, to the remainder of said common school 
lands, will compensate for the strip so dedicated : And, provided 
farther, that it shall not be lawful for any street or other railroad to 
lay down railroad tracts on any strip of the common school lands so 
dedicated, or use same or any part of the common school lands for 



192 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

railroad or street railroad purposes, except upon the purchase or lease 
of the same from the proper authorities, or upon the payment to the 
school fund of said township of the value of such use or land taken, 
the same as if no street or highway had been laid out thereon, to be 
determined by proceedings under an act entitled "An act to providefor 
the exercise of the right of eminent domain," approved April 10,1872, 
and all amendments thereto: And, provided further, that this section 
shall not in any w^ay affect existing leases or contracts for the lease or 
purchase of common school lands. 

Act of Congress— Congress, on April 15, 1818, passed an act, en- 
abling the people of the Illinois Territory to form a constitution and a 
state government. Among the several propositions contained in this 
act w^as this : "The section numbered sixteen in every township, and • 
when such section has been sold or otherwise disposed of, other lands 
equivalent thereto, and contiguous as may be, shall be granted to the 
state for the use of the inhabitants of such township for the use of 
schools." In August of the same year the constitutional convention 
met and accepted the proposition with the conditions which it con- 
tained. There was more or less legislation by the state concerning 
these lands from 1829 to 1855, since which time the law has not been 
very materiallv changed ; and at the present time but little of the land 
remains unsold ; in fact the greater part of the land was sold prior to 
1855. 

Section twenty-five of this article provides for a certified copy of a 
patent in case of"loss of the original. 48 111., 203. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 19 

ARTICLE XIV. 



FINES AND FORFEITURES. 

§ 1. Paid to county superintendent. 
§ 2. Duties of state's attorneys. 
§ 3. Duties of justices of the peace. 



§ i. Report of fines; affidavit; penalty 
for failure to report. 



§ 5. Penalty for failure to pay over fines 
collected. 



§ 6. Power of the county court to exam- 
ine records of delinqueni officers; 
penalty for failure to furnish pa- 
pers, etc. 



FINBS^Sec. 1. All fines, penalties and forfeitures imposed or in- 
curred in any of the courts of record, or before any justice of the peace 
of the state, except fines, forfeitures and penalties incurred or imposed 
in incorporated towns or cities for the violation of the by-laws or 
ordinances thereof, shall, when collected, be paid to the county super- 
intendent of schools of the county wherein such fines, penalties cr for- 
feituees have heen imposed or incurred, and the said county superin- 
tendent of schools shall give his receipt therefor to the person from 
whom such fine, forfeiture or penalty was received. The said county 
superintendent shall annualh'^ distribute such fines, penalties or for- 
feitures in the same manner as the common school funds of the state 
are distributed. 

STATE'S ATTORNEYS— ^ec. 2. It shall be the duty of the state's 
attorneys of the several counties to enforce the collection of all fines, 
forfeitures and penalties imposed or incurred in the courts of record of 
their respective counties, and to pay the same over to the county super- 
intendent of the county wherein the same have beenimposed or incurred, 
retaining therefrom the fees and commissions allowed them bv law. 

JUSTICES— Sec. 3. It shall be the duty of the justices of the peace 
to enforce the collection of all fines imposed by them by any lawful 
means; and when collected the same shall be paid by the justice col- 
lecting the same to the county superintendent of the county in which 
the same was imposed. 

REPORTS— Sicc. 4. Clerks of courts of record, state's attorneys 
and all justices of the peace shall report, under oath, to the countv 
court of their respective counties, by the first of March annually, the 
amount of such fines, penalties and forfeitures imposed or incurred in 
their respective courts, and the amount of such fines, forfeitures and 
penalties collected by them, giving each article separately, and if such 
officer has collected no such fines, penalties or forfeitures, he shall make 
affidavit to such fact, and file the same with the county superintendent. 
The judges of the county court shall inspect the said reports, and may 
hear evidence thereon, and, if found correct and truthful, shall enter an 
order approving such report, and that any mone3's in the hands of 
such officers so reporting shall be paid over to the superintendent of 
schools. If the court shall not approve of such report, he may order 
a new one to be made, and upon failure to comply with the order of 
the court, or to make a satisfactorv report, the court may state an ac- 

13 



194 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

count and enter an order to pa3' over as above provided. The court, 
for all purposes for carrying out the provisions of this section, shall 
have power to examine books and papers as provided hereinafter iii 
section 6 of this article, and shall have power to issue subpoenas for 
both books and persons: Provided, that no report shall be approved 
until the court shall have given the superintendent five (5) days' notice 
of the same, and he shall be allowed to inspect said report, and he shall 
be heard bv the court upon the same if he desire; and the officers 
charged with the i:ollection thereof (the said clerks, state's attorneys 
and justices of the peace), for a failure to make such a report, shall be 
liable to a fine of twenty-five dollars ($25) for » ac'j offvinse, said fine to 
be recovered in a civil action, before any court, at th^ suit of thecounty 
superintendent of schools of the proper county. 

PENALTIES — Sec. 5. For a failure to pa\' any fine, forfeiture or 
■penalt3% on demand, to the person who is by law authorized to receive 
the same, the officer or person having collected the same, or having the 
same in his possion or control, shall forfeit and pay double the amount 
of such fine, penaltv or forfeiture as aforesaid, to be recovered before 
any court having jurisdiction thereof, in a qui tarn action, one-half to 
be paid the informer, and one-half to the school fund of the proper 
couuty. 

JUDGE EXAMINE— Sec. 6. In case that any clerk of a court of 
record, state's attorney or justice of the peace shall fail to make the 
report provided for in section 4 of this article, the country court shall 
have power, and it is hereby made the duty of the judge of said court 
to examine all records pertaining to the office of of such delinquent 
officer and enforce the payment of whatever sum may be found due the 
school fund from such delinquent officer. For the purpose of making 
such examination, the said county court shall have the right to call for 
any papers, docket, fee-book or other record belonging to the office of 
such delinquent officer ; and in case such delinquent officer fails or re- 
fuses to furnish such paper, docket, fee-book or other re:ord foi the 
inspection or use of such county, he shall forfeit and pa^^ to the school 
fund the sura of one hundred dollars ($100), to be recovered in an 
action of debt or assumpsit, before anj^ court of this state having jur- 
isdicsion of the actions of debt and assumpsit, and such penalty, when 
collected, shall be paid into the school fund of the proper county. 

Clerks Not Collectors — Clerks of the courts of record are not 
made by law the collectors of fines and penalties, and if such are paid 
to them thev should turn the same over to the state's attorney, who is 
under the law the collector of all fines imposed in courts of record. 
The law makes it the duty of justices of the peace to collect all fines 
imposed by them. 

Fines Reported — It is the duty of all clerks of courts of record, 
state's attorney and justices of the peace to report to the county court 
on or before the first Monday of March each year the amount of fines, 
penalties and forfeitures imposed or incurred in their respective courts. 
For a failure to make such reports there are two penalties: One for a 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 195 

failure to report the fine or fines which have been imposed or collected ; 
and the other for a failure to pay over such fines to the proper officer, 
The penalty for the first is twenifcv-five dollars, and in the second case 
double the amount illegally withheld or retained. 

The fact that the officer imposed no fines, etc., and made no collect 
ions does not excuse him from making the report. 



196 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



ARTICLE XV. 

LIABILITIES OF SCHOOL OFFICERS. 

§ 8. Real esat3 of school officers holden. 



§ 9. Failure of trustees to make returns 
of children. 

§ 10, Failure of school officers to furnish 
statistics. 

§ 11. School officers responsible for loss of 
funds 

§ 12. Forbidden to pervert funds to sec- 
tarian purpos s. 

§ 13. Interest in sale of school books, etc., 
forbidden. 

§ 14. Penalty for excludiug colored chil- 
dren from school 



§ 1. (ji trustees for failure to take ac 
tion regarding- the insufficiency of 
township securities- 

§ 2. Of judges of election for failure to 
deliver poll-book and certificates. 

§ 3. Of boards of directors for failure to 
deliver schedules. 

S 4. Of township treasurer for failure to 
perform his d-.ities. 

§ 5. Of the bondsmen or legal represen- 
tatives of township treasurer to 
turn over bonds, etc., to successor. 

§ 6. Liable to indictment and imprison- 
ment for conversion of funds. 

§ 7. Trustees liable for securiti s of town- 
ship treasurer; exception. 

TRUSTEES—Sec. 1. Whenever the county superintendent ot 
schools of any county shall notif\' the board of trustees of any town- 
ship, in writing, that the notes, bond-', mortgages, or other evidences 
of iiid.;btedness which have b.^en taken officially by the township treas- 
urer, are not in proper form, or that the securities which the said town- 
ship treasurer has taken are insufficient, it shall be the duty of the 
said board of trustees at once to take such action as ma3^ be necessary 
to save and protect the property or funds of the districts and the 
township; and for p failure or refusal to take such action within 
twent}^ (20) days after such notice, the members of the board, each in 
his in3i\ridual capaeitv. shall b.- liable to a fine of not less than twenty- 
five ($25) nor more thau one hundred dollars ($100). to be recovered 
before any justice of the peace, on information, in the name of the 
people of the state of Illinois (provided such insufficiency is proven), 
and, when collected, the said fine shall be paid to the county superin- 
tendent of the proper county, for the use of schools. And the payment 
of this fine shall not relieve the board of trustees from any civil liabili- 
ty they may have incurred from such neglect of dut_v. 

ELECTION JUDGES— Sec. 2. If the judges of any school election 
called for an^^ legal purpose shall fail or neglect to deliver a cop\' of the 
poll-book Oi any such election, with a certificate thereon showing the 
result of such election, to the officer provided by law to whom such 
return shall be made, within ten days after such election shall have 
been held, the said judges of election shall be severally liable to a pen- 
alty of not less than twenty-five dollars ($25) nor more than one hun- 
dred dollars ($100), to be recovered in the name of the people of the 
state of Illinois, by an action of debt before any justice of the peace 
of the county ; which penalty-, when collected, shall be paid into the 
schoo liund of the township in which such election was held. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 197 

DIRECTORS— S^c. 3. It shall be the duty of the board of directors 
of everj school district in this state, to deliver to the township treas- 
urer all teachers' schedules made and certified as required bv law, and 
covering all time ta.ight during the school year ending June SOth, on 
or before the 7th day of July, annually ; and the directors shall be per- 
sonally liable to the district for any and all loss sustained by it through 
their failure to examine and deliver to the said township treasurer all 
such schedules within the said time. 

NO RELEASE— Sec. 4. For any failure or refusal to perform all 
the duties required of the township treasurer by law, he shall be liable 
to the board of trustees, upon his official bond, for all damages sus- 
tained by reason of such failure or refusal, to be recovered by action of 
debt by said board, in their corporate name, for the use of the proper 
township before any court having jurisdiction of the amount of dam- 
ages claimed; but if the said treasurer, in any such failure or refusal, 
acted under and in conformity to a requisition or order of said board, 
or a majority of them, entered upon their journal and subscribed by 
their president and clerk, then, in that case, the members of said board 
aforesaid, or those ot them voting for such requisition or order afore- 
said, and not the said township treasurer, shall be liable, jointly and 
severally, to the inhabitants of the township for all such damages, to 
be recovered by an action of assumpsit in a suit brought in the official 
name of the county superintendent of schools, for the use of the proper 
township. Provided, said treasurer shall be liable for any loss not 
collected by reason of the insolvency of said trustees. 

RESIGNATION— Rec. 5. When a township treasurer shall resign 
or be removed, and at the expiration of his term of office, he shall pay 
over to his successor in office, when appointed, all money on hand, and 
deliver over all books, notes, bonds, mortgages and all other securi- 
ties for money, and all papers and documents of everv description in 
which the corporation has any interest whatever; and m case of the 
death of the tcwnship treasurer, his securities and legal representatives 
shall be bound to comply with the requisitions of this section so far as 
the said securities and legal representatives may have the power so to 
do. And for any failure t ) comply with the requisitions of this section, 
the persons neglecting or refusing shall be liable to a penalty of not 
less than ten ($10) nor more than one hundred dollars ($100,) at the 
discretion of the court before which judgment may be obtained, to be 
recover d in an action of debt before any justice of the peace, for the 
benefit of the school fund of such township: Provided, that the ob- 
taining or payment of such judgment shall in no wise discharge or 
diminish the obligation of the persons signing the official bond of such 
township treasurer. 

CONVERSION OF FUNDS-Sec. 6. If any county supeiintendent, 
trustee of schools, township treasurer, director, or any other person 
entrusted with the care, control, management or dispositic n of anv 



198 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

school, college, seminary or township fund for the use of any county, 
township, district or school, shall- convert such funds, or any part 
thereof, to his own use, he shall be liable to indictment; and, upon 
conviction thereof, shall be fined in any sum not less than double the 
amount of money convtrted to his own use, and imprisoned in the 
county jail not less than one nor more than twelve months, at the dis- 
cretion of the court. 

TRUSTEES LIABLE— Sec. 7. Trustees of schools shall be liable, 
jointlv and severally, for the sufficiency of securities taken from town- 
ship treasurers ; and in case of judgment against any treasurer and 
his securities for or on account of any default of such treasurer on 
which the money shall not be made for want of sufficient property 
whereon to lew execution, action on the case may be maintained 
against said trustees, jointly and severally, and the amount not col- 
lected on said judgment shall be recovered with costs of suit from such 
trustees: Provided, that if said trustees can show, satisfactorily, that 
the security taken from the treasurer, as aforesaid, was, at the time of 
said taking, good and sufficient, they shall not be liable, as aforesaid. 

LIEN ON LAND— Sec. 8. The real estate of county superintend- 
ents, of township treasurers, and all other school officers, and of the 
securities of each of them shall be bound for the satisfaction and pay- 
ment of all claims and demands against saii superintendents and 
treasurers, and other school officers as such from the date of issuing 
process against them, in actions or suits brought to recover such 
claims or demands until satisfaction thereof can be obtained; and no 
sale or alienation of real estate, by any superintendent, treasurer or 
other officer or security aforesaid, shall defeat the lien created by this 
section; but all and singular such real estate held, owned or claimed, 
as aforesaid, shall be liable to be sold in satisfaction of any judgment 
which may be obtained in such actions or suits. 

FAILURE TO MAKE RETURNS—Stc. 9. Trustees of schools, or 
either of them, failing or refusing to make returns of children in their 
township according to the provisions of this act, or if either of them 
shall knowingly make a false return, the party so offending shall be 
liable to a penalty of not less than ten dollars ($10) nor more than 
one hundred dollars ($100), to be recovered by an action of assumpsit, 
before any justice of the peace of the county; which penalty, when col- 
lected, shall be added to the towmship school fund of the township in 
which said trustees reside. 

FAILURE IN DUTIES— Sec. 10. If any county superintendent, di- 
rector or trustee, or either of them, or other officer whose duty it is, 
shall neo-ligently or wilfully fail or refuse to make, furnish or commu- 
nicate the statistics and information, or shall fail to discharge the 
duties enjoined upon them or either of them, at the time and in the 
manner required by the provisions of this act, such delinquent or party 
offending shall be liable to a fine of not less than twenty-five dollars 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 199 

($25), to be recovered before any justice of the peace at the suit of an\^ 
person, on information in the name of the people of the State of Illinois, 
and, when collected, the said fine shall be paid to the count3' superin- 
tendent of the proper county for the use of the school fund. 

LOSS OF FUNDS— Sec. 11. County superintendents, trustees of 
schools, directors and township treasurers, or either of them, or any 
other officer having charge of school funds or property, shall be pecu- 
niarily responsible for all losses sustained by any county, township or 
school fund, by reason of any failure on his or their part to perform 
the duties required of him or them by the provisions of this act; or bv 
any rule or regulation authorized to be made by the provisions of this 
act; and each and every one of the officers aforesaid shall be liable for 
any such loss sustained as aforesaid, and the amount of such loss may 
be recovered in a civil action brought in any court having jurisdiction 
thereof, at the suit of the State of Illinois, for the use of the county, 
township or fund injured; the amount of the judgment obtained in 
such suit shall, when collected, be paid to the proper officer for the 
benefit of the said county, township or fund iniured. 

SECTARIAN PURPOSES FORBIDDEN— Sec. 12. No county, city, 
town, township, school district or other public corporation shall ever 
make any appropriation, or pay from any school fund whatever, any- 
thing in aid of any church or sectarian purpose, or help support or 
sustain any school, academy, seminary, college, university or other 
literary'- or scientific institution controlled by any church or sectarian 
denomination whatever; nor shall any grant or donation of monev, or 
other personal i r jperty, ever be made by any such corporation to any 
church or for any sectarian purpose; and any officer or other person 
having under his charge or direction school fund.^ or property, who 
shall pervert the same in the manner forbidden in this section, shall be 
liable to indictment, and upon conviction thereof, shall be fined in a 
sum not less than double the value of the property so perverted, and 
imprisoned in the county jail not less than one (1) nor more than 
twelve (12) months, at the discretion of the court. 

NO INTEREST IN BOOKS— Sec. 13. No teacher, state, county, 
township or district school officer shall be interested in the sale, pro- 
ceeds or profits of any book, apparatus or furniture used, or to be 
used, in any school in this state with which such officer or teacher ma3' 
be connected; and for offending against the provisions of this section 
such teacher, state, county, township or district school officer shall be 
liable to indictment, and upon conviction shall be fined in a sum not 
less than twenty-five dollars ($25) nor more than five hundred dollars 
($500), and may be imprisoned in the county jail not less than one (1) 
month nor more than twelve (12) months, at the discretion of the 
court. 

COLORED PUPILS' RIGHTS-S-.c. 14. Any school officer or offi- 
cers, or any other person, who shall exclude or aid in the exclusior 



200 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

from the public schools, of any child who is entitled to the benefits of 
such school, on account of such child's color, shall be fined, upon con- 
viction, in any sum not less than five dollars ($5) nor more than one 
hundred dollars ($100) each, for every such offense. 

Liabilities of School Officers and Security — The liability of 
school officers has been quite fully discussed under different sections, 
and the remarks and citations with the sections of this article make 
the points quite clear without any lengthy discussions. It may be 
well to say that the law makes it impossible for any school officer or 
his securities to evade any liability to the school fund by disposing of 
their real estate after suit has been begun against them. The lien at- 
taches, if judgment is taken, from the date on which the process was 
issued. 57 111., 480. 

Funds Squandered — If any school officer squanders or loses school 
funds, or makes any misuse of such funds, section eleven in this article 
provides a full and complete remedy. 88 111., 422. 

Must Not Engage In — No school officer or teacher is allowed to 
sell any book, etc., to be used in any ol the public schools with which 
such officer or teacher may be connected. A person keeping a book- 
store, or one who is engaged in selling books used in the school, cannot 
be a member of the school board in his district without subjecting 
himself to a fine; neither can he teach in any school of his county with- 
out laying himself liable under the law. 

Defined — The "information" mentioned in section ten of this ar- 
ticle is not required to be in writing, and not necessarily in the name of 
the people oi the State of Illinois. A complaint or any form of process 
which brings the party into court is sufficient. 72 111., 507. 

Pay Cost — If suits are brought against anj' school officers, individ- 
ually, such officers must defend the suits at their own expense, and all 
judgments for costs must be paid by them. There is no law that v^?ill 
allow them to appropriate any of the funds of the public schools to 
pay such charges and expenses. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 201 



ARTICLE XVI. 



MISCELLANEOUS. 



§ 1. Cost of suits not to be charged to 
school fund. 

g 2. Eligibility of women to school offices. 

§3. B nds of women holding school offices. 

§ 4. Colored children may not be excluded 
from school. 

§ 5. Penally for preventing children from 
attending school. 

§6. Payment of funds lo township treas- 
urer. 

§ 7. Reports and rate of taxation under 
special charters.. 



§ 8. Educational institutions to report to 
state superintendent. 

§1. Judgments and executions against 
boards of trustees and directors. 

§ 10. No compensation allowed to trus- 
tees, directors, etc. ; exemption from 
road labor, etc. 

§ 11. School officers to hold until their 
successors are qualified. 

§ 12. Former acts repealed. 

§ 13. Emergency clause. 



COST — Sec. 1. No justice of the peace, constable, clerk of any court, 
sheriff or coroner shall charge an3' costs in any suit where any school 
officer, school corporation or any agent of any school fund, suing for 
the recoverj- of the same, or any interest clue thereon, is plaintiff and 
shall be unsuccessful in such suit; nor where the costs cannot be recov- 
ered from the defendant by reason of the insolvency of such defendant. 

WOMEN ELIGIBLE — Sec. 2. Any woman, married or single, of 
the age of twent3"-one years and upwards, and possessing the qualifi- 
cations prescribed for the office, shall be eligible to any office under the 
general or special .school laws of this state. 

GIVE BOND— Sec. 3. Any woman elected or appointed to any 
office under the provisions of this act, before she enters upon the dis- 
charge of the duties of the office, shall qualify and give the bond re- 
quired by law (if a bond is required), and such bond shall be binding 
upon her and her securities. 

MUST NOT EXCLUDE Pf/PiLS— Sec. 4. All boards of school di- 
rectors, boards of educMtion or school officers, whose dut}^ it now is, or 
may be hereafter to provide, in their respective jurisdictions, schools 
for the education of all children between the ages of six and twenty- 
one years, are prohibited from the excluding, directly or indirectly, anv 
such child from such school on account of the color of such child. 

MENACE— Sec. 5. Any person who shall, by threats, menace or 
intimidation, prevent any child entitled to attend a public school in 
this state from attending such school shall, upon conviction, be fined 
in any sum not exceeding twenty-five dollars ($25.00.) 

REPORT MONEY—Sec. 6. It shall be the duty of the county treas- 
urers, county superintendents of schools, township collectors, and all 
other persons paying money into the hands of township school treas- 
urers for school purposes, on or before the 30th day of September of 
each year, to notify in writing the presidents of boards of school trus- 
tees and the clerks of the boards of school dirsctors of the amount paid 
into the township treasurer's hands and the date of payment. 



202 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

SPECIAL L.4PF— Sec. 7. This act sball not be so construed as to 
repeal or change, in any respect, any special acts in relation to schools 
in cities having less than 100,000 inhabitants, or incorporated towns, 
townships or districts (except that in everj- such city, town, township 
or district the limit of taxation for educational and building purposes 
shall be the same as that fixed in section one, article eight, of this act); 
and except that it shall be the duty of the several boards of education 
or other officers of any city or incorporated town, township or dis- 
trict, having in charge schools under the provision of any of said 
special acts, or of any ordinance of any city or incorporated town, on 
or before the 15th day of July preceding each session of the general as- 
sembly of this state, or annually, if required so to do by the state su- 
perintendent of public instruction, to make out and render a statement 
of all such statistics and other information in regard to schools and 
the enumeration of persons, a= is required to be communicated by 
township boards of trustees or directors, under the provisions of this 
act, or so much thereof as may be applicable to said city or incor- 
porated town, to the county superintendent of the county where such 
citv or incorporated town is situated, or of the county in which the 
larger part of such city or incorporated town is situated; nor shall it 
be lawful for the county superintendent, or any other officer or person 
to pav over any portion of the common school fund to any local treas- 
urer, school agent, clerk, board of education, or other officer or person 
of any township, city or incorporated town, unless a report of the 
number cf persons and other statistics relative to schools, and a state- 
ment of such other information as is required by the board of trustees 
or of directors, as aforesaid, and of other school officers and teachers,, 
under the provisions of this act, shall have been filed at the time or 
times aforesaid, specified in this section, with the superintendent of the 
proper county, as aforesaid. [As amended by act approved and in 
force March 31, 1891.] 

INCORPORATED SCHOOL REPORT— Sec. 8. It sball be the duty 
of the president, principal, or other proper officer of every organized 
university, college, seminary, academy, or other literary mstitution 
heretofore incorporated, or heieafter to be incorporated in this state, 
to make out, or cause to be made out and forwarded to the office of 
the state superintendent of public instruction, on or before the first 
day of August in each year, a report setting forth the amount and es- 
timated value of real estate ow^ned by the corporation, the amount of 
other funds and endowments, and the yearly' income from all sources, 
the number of instructors, the number of students in the different 
classes, the studies pursued and the books used, the course of instruc- 
tion, the terms of tuition, and such other matters as may be specially 
requested by said superintendent, or as may be deemed proper by the 
president or principal of such institution to enable the superintendent 
of public instruction to lay before the legislature a fair and full exhibit 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 203 

of the affairs and conditions of said institutions, and of the educa- 
tional resources of the state. 

JUDGMENT ENFORCED— Sec. 9. If judgment shall be obtained 
aeainst an_v township board of trustees or school directors, the party 
entitled to the benefit of such judgment may have execution therefor, 
as follows, to-wit: It shall be lawful for the court in which such judg- 
ment shall be obtained, or to which such judgment may be removed bv 
transcript or ajipeal from a justice of the peace, or other court, to issue 
thence a writ commanding the directors, trustees and treasurer of such 
township, to cause the amount thereof, with interest and costs, to be 
paid to the party entitled to the benefit of such judgment; out of any 
moneys unappropriated of said township or district, or if there be nc 
such moneys, out of the first mouevs applicable to the payment of the 
kind of services or indebtedness for which such judgment shall be ob- 
tained, which shall be received for the use of such township or district, 
and to enforce obedience to such writ by attpchment, or by manda- 
mus, requiring such board to levy a tax for the payment of such judg- 
ment; and all legal processes, as well as writs to enforce payment, shall 
be served eilher on the president or clerk of the board. 

COMPENSATION OF TRUSTEES AND DIRECTORS— Sec. 10. 
Trustees of schools, school directors, members of boards of education, 
or other school officers performing like duties, shall receive no pecuni- 
ary compensation, but they shall be exempt from road labor and mili- 
tary duty during their term of office. 

EXEMPT— Sec. 11. All school officers elected in pursuance of any 
general law now in force shall hold their respective offices until their 
successors are elected and qualified under the provisions of this act. 

Note — Sections 12 and 13 ar'=> left out, as they are quite lengthy and 
embrace nothing but the repealing and "emergency" clause. 

All Alike — Boards of directors and boards of education must 
maintain schools open a'ike to all who have the right to attend such 
schools. A few years ago much litigation in some parts of the state 
grew out ot the action of such boards, attempting to establish sep- 
arate schools for colored pupils. On this question we merely give ex- 
tracts from the court opinions as to the powers of school boards and 
their duties in providing schools for their districts. 

Ake Public— "The free schools of the state are public institutions, 
and in their management and control the law contemplates that they 
shall be so managed that all the children within the district between 
the ages of six and twent^'-one years, resardless of race or color, shall 
have ecjual ami the same rights to panicipate in the benefits to be de- 
rived therefrom. While the directors, verv properly, have large and 
discretionary powers in regard to the management and confrol of 
schools, in order to increase the usefulness, they have no power to 
make class distinction, neither can they discriminate between scholars 
on account of their race or social position. The conduct of the direc- 
tors in this case in the attempt to keep and maintain a school solely to 
instruct three or four colored children, when they can be accommo- 
dated at the school house with the other scholars of the district, can 
be regarded as a fraud upon the taxpayers of the district, any one of 



204 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

whom has a right to interfere to prevent the public funds from being 
squandered in such reckless and unauthorized manner." 71 III., 383. 

Colored Pupils — The school board in the city of Ouincy, 111., had 
divided the city into eight school districts, in each of which colored pu- 
pils resided; that under the rules of the board, these colored pupils were 
excluded from the public schools in the districts where they resided. 
and were required to attend a school composed entirely of colored pu- 
pils. On passing on the case, the court said: 

"This is a direct violation of the statute, which says the board is 
prohibited from excluding, directly or indirectly, any such children 
from such schools on account ot color. Under the rule no reason is as- 
signed which prohibits a colored pupil from attending the school in 
the district where he resides, except on account of its color. *-**** 
We are bound to declare the law as we find it written, and if it is not 
satisfactory to any section of the state, the i-emedy is in the legislative 
department of the government, and there alone. In conclusion, we are 
of the opinion that the board of education ol the city of Ouincy had no 
authority to adopt and embrace the rules set out in the information." 
127 111., 663. 

Court Opinion — It may be that the wisest of both races believe 
that the best interests of each would be promoted by voluntf^ry co- 
operation in the public schools, and while such voluntary action, not in 
violation of law could not be interfered with by the courts, yet the law 
is too plain for argument, and has often been decided, that no child 
otherwise entitled to attend any public school in the state, can, on ac- 
count of the color of such child, be excluded, directly or indirectly, from 
such school bj' any school officer or public authority. 179 111., 615. 

Special Laws — Special laws governing in some schooi districts 
and in cities differ in many points, and require of the officers different 
duties in relation to the schools. Let the special charters or laws con- 
tain what they may, the school district and the officers are agents of 
the state to provide a system of free schools, and where the law makes 
a citv a district, and the city officers are required to perform certain 
duties to the schools, there are two separate and distinct corporations 
with different objects and purposes. The law on the sulyect of public 
schools, whether in a citv charter or amendments thereto, may be re- 
garded as school law. 87 111., 595; 89 III., 296. 

Does Not Modify — A law creating a municipal eorjioration and a 
school corporation, the organization of the municipal corporation 
under the general law does not repeal nor modify that part of the 
charter relating to schools. 89 111., 296. 

General Law Will Apply — A school board, under a special law, 
is subject to the general law% except in so far as th.e provisions of the 
special law are different from those in the «eneral law. 112 111., 11. 

Special Treasurers — Treasurers in special school districts must 
give to those of whom he receives school funds satisfactory evidence 
that he has been duly elected or appointed, and has given bond as the 
special law requires. The law usually savs how and to whom special 
districts shall report. In special school districts, the laws governing 
and authorizing the levy and collection of school taxes, usually defines 
the same. In some special districts the school boards may levy a tax 
for building purposes without a vote of the people. 

No Power — If a special disti-ict is formed, and its boundary- and 
powers defined by the legislature, the township trustees cannot change 
such boundarv. unless they are given the power m the law creating the 
district. 20 111., App., 605. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 205 

No Right To Vote — The voters living in a special district, created 
by the legislature, have no right to vote at the township election for 
school trustee. It is held that the private law, conferring corporate 
powers upon a portion of the township, negatives the right of the in- 
habitants as a part of the body politic of the school township. 

Mechanic's Lien — A mechanic's lien will not lie against school 
property. But it has been held that a sub-contractor may sue out a 
lien, and secure payment for labor or rnaterial furnished. 

Sub-Contractor's Lien— "Under section 24 of the lien law, 1895, a 
sub-contractor's lien forlabor or material furnished for a public improve- 
ment is created, by performing such labor or furnishing such material, 
and becomes perfect as to all funds not paid over or bonds and war- 
rants not delivered, upon service of the notice on the officials as speci- 
fied." 171 111., 487. 

Public Funds Not Garnisheeb — Township school treasurers can- 
not be garnisheed. The money due to any person from a school treas- 
urer belongs to the district, township or school fund up to the instant 
it is paid out on an order duly and properly issued. 85 111., 39; 45 111., 
133; 59 111., 21. 

Execution — A general execution will not lie against a school board 
or school district. 71 111., 283; 9 111., App., 280. 

Own Liability — Each school district is liable for its own debts, and 
trustees and school treasurers have no right to pay the debts of any 
school district from the distributable fund before such fund is distrib- 
uted to the districts. 57 111., 118. 

No Bond Required — School boards are not required to give bond 
when taking appeals. Ill 111., 27. 

Employ Counsel — In suits to recover any money due the school 
fund, counsel may be employed, if necessary, and a reasonable fee al- 
lowed from the proper fund. When such suits are unsuccesslul,no cost 
can be charged by any court, before which such unsuccessful suits are . 
tried, nor by an3^ sheriff, constable or other officer. This construction 
applies to suits to recover debts due the school funds, and not to suits 
against the school officers. 

Not Exempt — School treasurers are not exempt from road labor, 
for the reason that they receive a compensation for services. School 
directors, trustees and members of boards of education are exempt 
from poll tax or road labor, but are not entitled to any other compen- 
sation for services. It has been claimed by some that a member, a 
clerk of the board of education or a board of directors, receiving pay 
as a clerk of the board, is not exempt from road labor. Such a view is 
erroneous. He receives pay for the clerical labor, and not for services 
which he renders as a member of the board, therefore he is exempt 
from such labor. Ill 111., 11; 43 111., 22. 

Judgment Set Aside — "A decree or judgment obtained against a 
school district or school corporation by collusion with or neglect of its 
officers may be impeached for fraud." 117 111., 30; 55 Wis., 161. 



206 MANtJAL OF THE ILLINOIS SCHOOL LAWS. 

ADDITIONAL LAWS PERTAINING TO THE PUBLIC SCHOOLS 
AND TO SCHOOL OFFICERS. 

MEMBERS OF THE BOARD OF EDUCATION APPOINTED. 

An Act to provide for the appointment of school directors and mem- 
bers of the board of education, in certain cases, approved May 29, 
1879; in force July 1 , 1879. 

APPOINTMENT— S>Qc. 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: That in all cases 
whereby [where, by] the provisions of any general or special law of 
this state heretofore passed, the member^ of the common council of 
any city having been made ex-otHcio school directors, or members of 
the board of education in and for the school district of which the said 
city shall constitute the whole t>r a part, the said school directors or 
members of the board of education shall hereafter be appointed as 
hereinafter provided. 

DUTY OF MAYOR— '^ec. 2. It shall be the duty of the mayor of 
said city, at the first regular meeting of the city council after each an- 
nual municipal election, and after his installation into office, to nomi- 
nate and place before the council, for confirmation as school directors 
or members of the board of education, as the case may be, one person 
from each ward of said city to serve for two years, and one person 
from the city at large to serve one year, and if the persons so appointed 
shall be confirmed by a majority vote of the city council, to be entered 
of record, the persons so appointed, together with such persons there- 
tofore appointed under the provisions of the act, to which this is an 
amendment, whose terms of service shall not expire v^ithin one year, 
shall constitute the board of education or school directors for such 
district: Provided, that the person appointed from the city at large 
for one year shall be president of said board of education or school 
directors, but shall have no vote in said board, excepting in case of a 
tie: And, provided, further, that the term of office of all persons here- 
tofore appointed under the provisions of the act to which this is an 
amendment, whose term of office expires within one year, shall termi- 
nate at the first regular meeting of the city council after the annual 
meeting, and upon the appointment and confirmation of their suc- 
cessors. [As amended by act approved and in force May 28, 1889.] 

ELECT SECRBTARY—Sec. 3. The said persons shall, as soon as 
practicable after their appointment, organize by electing one of their 
number secretary, who shall hold his office for one j^ear. All rights, 
powers and duties heretofore exercised by and devolved upon the mem- 
bers of the city council, as ex-o/Sc/o members of the board of educa- 
tion, or school directors, shall devolve upon and be exercised by the 
members of the board of education and school directors appointed 
under the provisions of this aet. [As amended by act approved and in 
force May 28, 1889.] 



MANUAL OF THE ILLINOIS SCHOOL LAWS; 207 

-, CERTIFY TAX LEVY—Sec. 4. In all school districts to which . 
this act shall apply the boards of education or school directors shall 
annually, before the first day of August, certify to the city council, 
under the hands and seals of the president and secretary of the board, 
the amount of money required to be raised by taxation for school pur- 
posts in said district for the ensuing year, and the said city council 
shall thereupon cause the said amount to be levied and collected in the 
same manner now provided by law for the levy and collection of taxes 
for school purposes in such disirict,but the amount to be so levied and 
collected shall not exceed the amount now allowed to be collected for 
school purposes by the general school laws of this state; and when 
such taxes have been collected and paid over to the treasurer of such 
city or school district, as may be provided by the terms of the act 
under which such district has been organized, such funds shall be paid 
out only on the order of the board of education or the school directors, 
signed by the president and secretary of such board. [Approved May 
29, 1879.] 

REQUIRING AND REGULATING THE STUDY OF PHYSIOLOGY AND HYGIENE. 

An Act to amend ^'An act relating to the study of physiology and 
hygiene in the public schools,'' approved June 1, 1889; in force 
July 1, 1889. [Approved June 9, 1897; in force July 1, 1897.} 

AMENDED— Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That "An act relating 
to the study of physiology and hygiene in the public schools," ap- 
proved June 1, 1889, in torcejuly 1, 1889, be amended so as to read 
as follows: 

That the nature of alcoholic drinks and other narcotics and their 
effects on the human system shall be taught in connection with the 
various divisions of physiology and hygiene as thoroughly as are 
other branches in all schools under state control, or supported wholly 
or in part by public mone3-, and also in all schools connected with 
reformatory institutions. 

All pupils in the above mentioned schools below the second year of 
the high schools and above the third year of school work, computing 
from the beginning of the lowest pi'imarj' year, or in corresponding 
classes of ungraded schools, shall be taught and shall study this sub- 
ject every year from suitable text-books in the hands of all pupils, for 
not less than four lessons a week for ten or more weeks of each year, 
and must pass the same tests in this as in other studies. 

In all schools above mentioned all pupils in the lowest three pri- 
mary school years, or in corresponding classes in ungraded schools, 
shall each year be instructed in this subject orally for not less than 
three lessons a week for ten weeks in each year, by teachers using text- 
books adapted for such oral instruction as a guide and standard. 

The local school authorities shall provide needed facilities and defi- 
nite time and place for this branch in the regular course of study. 



208 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

The text-books in the pupils' hands shall be graded to the capaci- 
ties of the fourth year, intermediate, grammar and high school pupils, 
or to corresponding classes as found in ungraded schools. 

For students below high school grade such text-books shall give at 
least one-fitth their space, and for students of high school grade shall 
give not less than twenty pages to the nature and effects of alcoholic 
drinks and other narcotics. The pages on this subject, in a separate 
chapter at the end of the book, shall not be counted in determining 
the minimum. 

EXAMINATION — Sec. 2. In all normal schools, teachers' training 
classes and teachers' institutes, adequate time and attention shall be 
given to instruction in the best methods of teaching this branch, and 
no teacher shall be licensed who has not passed a satisfactory exami- 
nation in this subject and the best methods of teaching it. 

Anv school officer or officers who shall neglect or fail to comply 
with the provisions of this act shall forfeit and pay for each offense 
the sum of not less than five dollars nor more than twenty-five 
dollars. 

COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CERTAIN CASES. 

An Act to provide for the compensation of judges and clerks of 
election at elections at which trustees of schools and school direc- 
tors are elected under the provisions of an act entitled, ''An act to 
regulate the holding of elections and declaring the result thereof 
in cities, villages and incorporated towns in this state,'' approved 
June 19, 1885. 

AMENDED— Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That at all elections 
held under the provisions of an act entitled, "An act to regulate the 
holding of elections and declaring the result thereof in cities, villages 
and incorporated towns in this state," approved June 19, 18S5. and 
those amendatory and supplemental thereto, at which any trustee of 
school may have been heretofore or shall hereafter be elected, the ex- 
penses of such election shall be paid out of the treasury of such city, 
village and incorporated town. 

Note — This relates to the judges and clerks of elections appointed 
by the board of election commissioners, and not to the officers of 
school elections generalh'. 

EXPENSE PAID— Sec. 2. That all elections held under the pro- 
visions ot said acts, at which a school director is elected, the e.x:penses 
of such election shall be paid out of any funds belonging or appertain- 
ing to the district for which such director is elected. 

AUTHORIZED TO LEVY— Sec. 3. The corporate authorities of 
cities, villages, incorporated towns and school districts are hereby 
authorized and empowered co levy taxes for the purpose of paying 
election expenses. [Approved June 3, 1889.] 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 209 

ELECTION OF BOARDS OF EDUCATION IN CERTAIN CASES. 

An Act to give cities, incorporated towns, townships and districts, 
in w^hich free schools are now managed under special acts, au- 
thority to elect hoards of education having the same powers as 
boards of education now elected under the general free school 
laws of this state. 

CHANGE BOARD— Sec. 1. Be it enacted by the People of the State 
of Illinois, represented in the General Assembly: That any city, incor- 
porated town, township or district, having a population of less than 
one thousand and not over twenty thousand inhabitants, in which 
free schools are now managed under any special act. may, by vote of 
its electors, determine to elect, instead of the directors or other gov- 
erning or managing board, now provided for by such special act, a. 
board of education which shall be elected at the time and in the man- 
ner and have the powers now conferred by law upon boards of educa- 
tion of districts not governed by any special act. 

PETITION— Sec. 2. Upon petition of fifty voters of such city, 
town, township or district, presented to the board having the control 
and management of schools in such city, town, township or district, it 
shall be the duty of such board, at the ensuing election to be held in 
such city, town, townshio or district, to cause to be submitted to the 
voters thereof, giving not less than fifteen days' notice thereof, by 
posting not less than five notices in the most public places in such citj-, 
town, township or district, the question of "electing a board of educa- 
tion having the powers conferred upon sitch boards in districts or- 
ganized under the free school laws," which notice may be in the 
following form, to-wit: 

Public notice is hereby given, that on the day of 

A. D., 1 , an election will be held at , between the 

hours of M. and M. of said day, for the purpose of de- 
ciding the question of "electing a board of education having the pow- 
ers conferred upon such boards in districts organized under the free 
school law." 

If it shall appear, upon a canvass of the returns of such election, 
that a majority of the votes cast at such election are "for electing a 
board of education having the powers conferred xlpon such boards in 
districts organized under the free school law," then at the time ot 
the next regular election for boards of education under the free school 
law. there shall be elected a board of education for such district; and 
should there not be sufficient time to give the notice required by law 
for such election, then such election may be held on any Saturdav 
thereafter, but all subsequent elections shall be held at the time pro- 
vided by the freec school law. 

Sec. 3. All acts and parts of acts in conflict with this act are 
hereby repealed. 

Sec. 4. Whereas, An emergency exists requiring this act to takt 
immediate effect, therefore he it enacted that this act shall be in force 
from and after its passage. [Appi oved June 2, 1891.] 

14 



210 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

CHILD LABOR. 

EMPLOYMENT OF CHILDREN UNDER 13 YEARS OF AGE PROHIBITED. 

An Act to prevent child labor. 

PROHIBITS— Sec. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly: That it shall be unlaw- 
ful for any person, firm or corporation to employ or hire any child 
under thirteen years of age, except as hereinafter provided. 

CERTIFICATE— Sec. 2. In case it shall be made to appear to the 
board of education or of sL-hool directors that the labor or services of 
any child constitutes and is the means of support of an aged or infirm 
relative, and that such relative is, in whole or in part, dependent upon 
such child, thcu the board of education or school directors shall issue 
to such child a certificate authorizing the employment of such child; 
such certificate shall state the name, residence and age of such child, 
and a record thereof shall be kept by the board of education or school 
directors in a l)Ook kept for that purpose. 

NO CERTIFICATE— Sec. 3. No such certificate shall be granted 
to any child unless it shall be shown to the board of education or 
school directors [of the district] in which such child resides, that such 
child has attended some public or private day school for at least eight 
(8) weeks in the current school year. 

FIRM OR CORPORATION— Sec. 4. No person, firm or corpora- 
tion shall employ any child under the age of thirteen years in any 
store, shop, factory or manufacturing establishment, by the day, or 
anv period of time greater than one da^^ unless such certificate be fur- 
nished, nor shall he permit any such child lo work in his employ with- 
out such certificate. He or they shall be authorized to retain the cer- 
tificate of any such child employed by him, which shall be evidence 
admissible in any court. 

ANY PERSON— Sec. 5. .Any person, firm or corporation who vio- 
lates the provisions of this act, and any father, guardian or person 
having control of any child under the age of thirteen years, who 
willinglv permits or consents to the employment of such child without 
such certificate as is prescribed by section three of this act shall, for 
everv offense, be fined in a sum not less than ten nor more than fifty 
dollars, for the use of public schools of the city or district in which 
such child resides. And every day of the employment of any such child 
shall be deemed a separate offense. [Approved June 17, 1891.] 

WOMEN MAY VOTE AT SCHOOL ELECTIONS. 

An Act to entitle women to vote at any election held for the purpose 
of choosing- any officer under the general or special school laws of 
this state. 

CONFERS RIGHT— Sec. 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly : Any woman of 
the age of twenty-one years and upwards, belonging to either ot the 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 211 

classes mentioned in article 7 of the constitution of the State of Illi- 
nois, who shall have resided in this state one year, in the county 
ninety days, and in the election district thirty days preceding any 
election held for the purpose of choosing any officer of schools under 
the general or special laws of this state, shall be entitled to vote at 
such election in the school district of which she shall at the time have 
been for thirty days as a resident: Provided, any woman so desirous 
of voting at any such election shall have been registered in the same 
manner as is provided for the registration of male voters. 

SHALL BE PERMITTED— Sec. 2. Whenever the election of pub- 
lic school officers shall occur at the same election at which other public 
officers are elected, the ballot offered by any woman 'entitled to vote 
under this act shall not contain the name of any person to be voted for 
at such election, except such officers of public schools, and such ballots 
shall all be deposited in a separate ballot-box, but canvassed with 
other ballots cast for school officers at such election. [Approved June 
19, 1891.] 

Rights Not Given— The law only authorizes women to vote for 
school directors, members of boards of education, township trustees 
and trustees of the state universitv. They cannot legally vote upon 
any other questions, nor have they a legal right to sign any petitions 
required by the school law. 144 111., 68; 15 Kan., 26; 115 Mass., 602; 
15 Neb., 444, 

EXISTING INDEBTEDNESS. 

An Act to allow directors of schools, under special laws, to assume 
and provide for indebtedness heretofore created by the authorities 
of a city tor school purposes. 

POWER— Sec. 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly: That whenever any city in 
this state is by special law made a school district, or whenever anv 
school district created by special law shall be co-terminous with any 
city, the directors of such district shall have the power, at the request 
of the city council, to assume and provide for, by borrowing and tax- 
ation, any indebtedness now existing, created by the authorities of the 
city for school purposes. [Approved June 22, 1891.] 

Note — This act authorizes the directors of any school district, cre- 
ated by special act, the limits of which are co-extensive with a citv, to 
assume and pay anv existing indebtedness. 

RELATING TO SCHOOL ATTENDANCE AND THE APPOINTMENT OF TRUANT 

OFFICERS. 

An Act to promote attendance of children in schools and to prevent 
truancy. {^Approved June 11, 1897; in force July 1, 1897.] 

REQUIRES ATTENDANCE— Sec. 1. Be it enacted by the People 
of the State of Illinois, represented in the General Assemblv: That 
every person having control of any child between the ages of seven (7) 
and fourteen (14) years shall annually cause such child to attend for 



212 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

at least sixteen (16) weeks, twelve (12) weeks of such attendance shall 
be consecutive, some public or private school, which time, for pupils 
under ten (10) j'cars of age, shall commence with the beginning of the 
first term of the school year of such school, and not later than Decem- 
ber 1 of said school year for pupils above the age of ten (10) years, or 
as soon thereafter as due notice shall be served upon the person hav- 
ing such control of his duty under this act: Provided, that this act 
shall not apply in any case when the child has been or is being other- 
wise instructed, for a like period of time in each and every year, the 
elementary branches of education by a person or persons competent to 
give such instruction, or whose physical or mental condition renders 
his or her attendance impracticable or expedient, or who is excused for 
sufficient reason by any competent court of record, 

PENALTY — Sec. 2. For every willful neglect of such duty as pre- 
scribed by section one (1) of this act, the person so offending shall 
forfeit to the use of the public school of the city, town or district in 
which such child resides, a sum not less than one (1) dollar nor more 
than five (5) dollars and costs of suit, and shall stand committed until 
such fine and costs of suit are fully paid. 

OFFICER APPOINTED— Sec. 3. The board of education in cities, 
towns, villages and school districts, and the board of school directors 
in school districts, shall appoint, at the time of appointment or elec- 
tion of teachers each year, one or more truant officers, whose duty it 
shall be to report all violations of this act to said board of education 
or board of directors and to-encer complaint against and prosecute all 
persons who shall appear to be guilty of such violation. It shall also 
be the duty of said truant officer so appointed to arrest any child of 
school-going age that habitually haunts public places and has no law- 
ful occupation, and also any truant child who absents himself or her- 
self from school, and to place him or her in charge of the teacher having 
charge of any school which said child is by law entitled to attend, and 
■which school shall be designated to said officer by the parent, guardian 
or person having control of said child. In case such parent, guardian 
or person shall designate a school without making or having made 
arrangements for the reception of said child in the school so desig- 
nated, or in case he refuses or fails to designate any school, then such 
truant officer shall place such child in charge of the teacher of the pub- 
lic school. And it shall be the dut\^ of said teacher to assign said child 
to the proper class and to instruct him or her in such studies as he or 
she is fitted to pursue. The truant officer so appointed shall be en- 
titled to such compensation for services rendered under this act as 
shall be determined by the boards appointing them, and which com- 
pensation shall be paid out ol the distributable school fund: Provided, 
that nothing herein contained shall prevent the parent, guardian or 
person having charge of such truant child, which has been placed in 
any school by the truant officer, to thereafter send said child to any 
3ther school which said child is bv law entitled to attend. 



' MANUAL OF THE ILLINOIS SCHOOL LAWS. 213 

PENALTY— Sec. 4. Any person having control of a child who, 
with intent to evade the provisions of this act, shall make a wilfully 
false statement concerning the age of such child, or the time such child 
has attended school, shall for such offense forfeit a sum of not less than 
three (3) dollars nor more than twenty (20) dollars for the use of the 
public schools of such city, town, village or district. 

RECOVERY — Sec. 5. Any fine and penalty mentioned in this act 
may be sued for and recovered before any court of record or justice of 
the peace of the proper couuty, in the name of the people of the State 
of Illinois for the use of the public schools of the city, town, village or 
district in which said child resides. 

REPEALED — Sec. 6. An act entitled, "An act concerning the edu- 
cation of children," approved June 19, 1893, in force July 1, 1893, is 
hereby repealed. [Approved June 11, 1897.] 

Not Responsible For Acts — If a truant officer exceeds his author- 
ity, the board of education is not responsible. A truant officer is a 
creation of the statute. The board is required to make the appoint- 
ment. Though a corporation, the board of directors or education is 
only such to discharge the important duties connected with education 
that the statute requires. Such boards have no private interests, and 
derive no special benefits or advantage from their corporate capacity, 
but their duties are essentially and exclusively of a public character. 

The rule of "respondent superior," which is the superior master, 
must answer, or is responsible for the acts of his agent or servant, 
does not apply to the relations between the board of education and 
the truant officer. The duties of a truant officer are prescribed b_y the 
statute, and not by the board of education, although the board may 
make some regulations governing his conduct to some extent, as the 
statute provides. N. Y, App., 53; Supplement, 75. 

SCHOOL INSPECTORS ELECTED UNDER CERTAIN SPECIAL ACTS. 

An Act to amend section one of ''An act extending' the powers of 
boards of school inspectors elected under special acts," approved 
June 19, 1893. [Approved and in force June 11, 1897.] 

CERTAIN DISTRICTS— Sec. 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That section 
one of "An act extending the powers of boards of school inspectors 
elected under special acts," approved June 19, 1893, be amended so as 
to read as follows: 

Be it enacted by the people of the State of Illinois, represented in 
the General Assembly: That in all cities in this state having over 
20,000 and less than 100,000 inhabitants, whose schools are now 
operated imder special law, and where, by such law, territory outside 
of the city limits is added to the territory within the city for school 
purposes, and where such school district or districts is not co-extensive 
with the township in v^hich such city is situated, and where, by such 
special law, boards of school inspectors, consisting of six members 
(three in each of two districts), are elected, the provisions of any such 
special law dividing such territory into two districts shall be held tc 



214 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

be only for the purpose of electing members of the board of school in- 
spectors, and for all other purposes the territory in two such districts 
shall be held to be included in one school organization, and the board 
of school inspectors, in addition to the other powers given by such 
special law, and the general school laws, shall have power to employ 
teachers, janitors and such other employes as such board shall deem 
necessary, and tc fix the amount of their compensation, to buy or 
lease sites for school houses, with the necessary grounds; to build^ 
erect, lease or purchase buildings suitable for school houses, to repair 
and improve school houses and to furnish them with the necessary 
supplies, fixtures, apparatus, libraries and fuel, and it shall be the duty 
of such board to take the entire supervision and control of the schools 
in such district or districts. 

EMERGENCY— Sgc. 2. [Act of 1897.] Whereas, An emergency 
exists, therefore this act shall take effect and be in force from and after 
its passage. 

TAXATION— Sec. 2. [Original Act.] All money necessary for the 
])urposes mentioned in section one of this act shall be raised as now^ 
provided by law, not to exceed the amount by law limited, and shall 
be held by the treasurer as a special fund for school purposes, subject 
to the order of school inspectors, upon warrants to be countersigned 
by the mayor and city clerk. 

RECORDSec. 3. The said board shall provide w^ell-bound books 
at the expense of the school tax fund, in which shall be kept a faithfui 
record of all of its proceedings. The yeas and naj's shall be taken 
and entered on the record of the proceedings of the board upon all 
questions involving the expenditure of money. 

EMERGENCY— -Sec. 4. Whereas, An emergency exists, therefore 
this act shall take effect and be in force from and after its passage. 
[Approved June 19, 1893.] 

SCHOOL INSPECTORS. 

An Act increasing- tlie number of school inspectors, elected under 
special acts, from six to seven members. 

INSPECTORS— Sec. 1. Be it enacted by the people of the State 
of Illinois, represented in the General Assembly: That in all cities in 
this state having over 10,000 and less than 100,000 inhabitants, 
whose schools are now operated under special law, and where, by 
such special law, boards of school inspectors, consisting of six mem- 
bers (three in each of two districts) are elected, such board shall 
hereafter consist of seven members; and at the time other members 
of such boards are elected in April, 1895, and each three years there 
after, such additional member shall be elected for a term of three 
years, b\' all the voters entitled to vote at school elections of the en- 
tire school territory embraced in said two districts; and whenever 
such additional member is t'; be elected, he shall be designated and 
voted for as "member of board of school inspectors at large," 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 215 

EMERGENCY— Sec. 2. Whereas, An emergency exists, therefore 
this a:t shall take effect and be in force from and after its passage. 
[Approved March 6, 1895.] 

^ELECTION OF BOARDS OF EDUCATION IN CERTAIN CASES. 

An Act to provide for the election of boards of education in school dis- 
tricts organized under special acts of the legislature of this state 
where such school districts are maintained under the general 
school laws of this state, and where there is no provision in such 
special acts for the election of hoards of education. {^Approved 
June 10, 1897; in force July 1, 1897.] 

Sec. 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly: That hereafter, in all school dis- 
tricts in this state, organized under any special law of this state, and 
maintaining public schools under the general laws of this state, where 
there is no provision in said special acts creating such special school 
districts, for the election of boards of education as otherwise provided, 
there shall be elected in each of said special school districts, in lieu of 
the school directors, as now provided, a board of education, to consist 
of seven members, to be elected at the time and in the manner as now 
provided by the general law for the election and qualification of boards 
of education in other cases: Provided, that at the first election of such 
board, which shall be held on the third Saturday in April, A. D. 1898, 
two of such members shall be elected to serve one year, two to serve two 
3'ears and two to serve three years, and a president of such board shall 
be elected, whose term of office shall be one year, and annually there- 
after there shall be elected in said school district two members of such 
board, whose term of office shall be three years, and there shall also be 
elected annually thereafter a president of said board. Said board of 
education, when so elected and qualified, shall have the power of trus- 
tees of schools in school townships, as is now provided by law. 

Note — We are at a loss to find anj^ authority that tends to show 
what the legislature was trying to accomplish by the passage of this 
act. By the following act it appears that an attempt was made to 
amend this law, but a study of the two acts very clearly demonstrates 
that our lawmakers will at last have to make another effort. 

BOARDS OF education UNDER SPECIAL ACTS. 

An Act to amend an act entitled, ^^ An act to provide for tlie elec- 
tion of boards of education, and the defining of the powers of 
such boards of education, in school districts organized under 
special acts of the legislature of this state, lohere such school 
districts are maintained under the general school laws of this 
state, and toll ere there is no provision in such special acts for 
the election of boards of education.'" 

Sec. 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly: That section one of an act entitled 
"An act to provide for the election of boards of education in schoo 



216 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

districts organized under special acts of the legislature of this state, 
where such school districts are maintained under the general school 
law of this state, and where there is no provision in such special acts 
for the election of boards of education," approved June 10, 1897, in 
force Jul V 1, 1897, be, and the same is hereby, amended to read as 
follows: 

Sec. 2. That hereafter, in all school districts in this state organized 
under an V special law of this state, and maintaining public schools 
under anv general school laws of this state, where there is no provis- 
ion in said special acts creating such special school districts for the 
election of boards of education as otherwise provided, there shall be 
elected in each of said special school districts, in lieu of the school 
diiceLois as now provided, a board of education, to consist of seven 
members, to be elected at the time and in the manner as now pro- 
vided b\' the general law for the election and qualification of boards 
of education in other cases: Provided, that at the first election of 
such board, which shall be held on the third Saturday in April, A. D. 
1898, two of such members shall be elected to serve one year, two to 
serve tv^^o years, and two to serve three years, and a president of such 
board shall be elected, whose term of office shall be one year; and 
annually thereafter there shall be elected in said school district two 
members of such board, whose term of oflfice shall be three years, 
and there shall also be elected annually thereafter a president of said 
board. Said board of education, when so elected and qualified, shall 
have all the powers of trustees of schools in school townships as is 
now provided by general law. Said board of education, in addition 
to the powers of trustees aforesaid, shall also have all the powers 
of school directors as is now provided for by the general school law 
of this state; and in addition thereto and inclusive thereof, they shall 
have all the powers and perform all the duties of boards of education 
in school districts having a population of not less than one thousand 
and not over one hundred thousand inhabitants under the general 
school law as the same now exists and as set forth in article six of 
the school law, or as shall be conferred by an\' future alterations 
thereof by the legislature. 

Sec. 2. Whereas, An emergency exists, therefore this act shall take 
effect from [and] after its passage. [Approved May 10, 1901.] 

Doubtful Validity — This "act," with its emergency clause, ap- 
pears to be intended to amend some "act" passed at a previous session 
of the legislature. If legislation is to be governed by the constitution 
of the state, we fail to see how this "act" can have any legal force and 
standing. The title, as will be seen, is "An act to amend an act en- 
titled, 'An act to provide for the election of boards of education, and 
the defining of the powers of such boards of education, in school dis- 
tricts under special acts, etc' " 

The title of the bill is defective, in that it does not give the date of 
the approval of the act sought to be amended. The first section states 
it is to amend the act, approved June 10, 1897, and in force July 1, 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 217 

1897. The act thus mentioned does not contain the clause, "and the 
defining of the powers of such boards of education." We take it that 
our legislature, by this act, attempts to amend a law that did not 
exist; hence, the act is void. 

. ; KINDERGARTEN SCHOOLS. 

An Act authorizing school districts managed l>y boards of educa" 
tion and directors to establish and maintain kindergarten 
schools. yApproved Apiil 17, 1895; in force July 1, 1895, \ 

SCHOOL DISTRICTS VOTB-Sec. 1. Be it enacted by the people 
of the State of Illinois, represented in the General Assembly: That in 
addition to other grades or departments now established and main* 
tained in the public schools of the state, any school district managed 
by a board of education or a board of directors is hereby empowered 
when authorized by a majority of all the votes cast at an election for 
that purpose, such election to be called and held in accordance with the 
provisions of Article IX of an act entitled "An act to establish and 
maintain a system of free schools," approved and in force Maj- 21, 
1889, to establish in connection with the public schools of such dis- 
trict, a kindergarten or kindergartens for the instruction of children 
between the ages of four and six j^ears, to be paid for in the same 
manner as other grades and departments now established and main- 
tained in the public schools of such district. No money accruing to 
such district from the school tax fund of the state shall be used to 
defray the tuition or other expenses of such kindergarten, but the same 
shall be defrayed from the local tax and the special school revenue of 
said district. 

CERTIFICATES— Sec. 2. All teachers in kindergartens established 
under this act shall hold a certificate issued as provided by law, certi- 
fying that the holder therof has been examined upon kindergarten 
principles, and is competent to teach the same. [Approved April 17, 
1895. 

teaches' and employee' PENSON FUNDi 

An Act amending section 1 of an act entitled, ''An act to j^rovide 
for the formation and disbursement of a jjublic school teachers^ 
and public school employes' pension and retirement fund, in 
cities having a 'population exceeding 100,000 inhabitants." 
[Approved May 31, 1895; in force July 1, 1895.'[ 

Sec. 1. Be it enacted by the people of the State of Illinois, repre^ 
sented in the General Assembly: That section 1 of "An act to provide 
for the formation and disbursement of a pnblic school teachers' and 
public school employes' pension and retirement fund, in cities having a 
population exceeding 100,000 inhabitants," approved May 31, 1895, 
in force July 1, 1895, be amended so as to read as follows: That the 
board of education in cities having a population exceeding 100,000 
inhabitants shall have power, and it shall be the duty of said board, 
to create a public school teachers' and public school employes' pension 



218 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

and retirement fund, and for that purpose shall set apart the following^ 
mone\^ to-wit: 

1. An amount not exceeding one per cent per annum of the respec- 
tive salaries paid to teachers and school employes elected by such 
board of education, which amount shall be deducted in equal install- 
ments from the said salaries at the regular time for the payment of 
such salaries. 

2. All moneys received from donations, legacies, gifts, bequests or 
otherwise, on account of said fund, 

3. All moneys which may be derived from any and all sources.; 
Provided^ however, that no tax shall ever be levied for said fund. 

Any public school teacher or public school employe, a part ol whose 
salary is now or may hereafter be set apart to privide for the fund 
herein created by this act, may be released from the necessities of 
making further payments to said fund by filing a written notice of his 
or her desire to withdraw from complying with the provisions of this 
act with said board of trustees, which said resignation shall operate 
and go into effect immediately upon its receipt by said board of 
trustees, [Amended May 11, 1901; in force July 1, 1901.] 

TRUSTEBS—Sec. 2, The board of education, together with the 
superintendent of schools, and two representatives to be selected 
annually b\^ the teachers and employes of the public schools under 
control of said board, shall form a board of trustees, a majority of 
whom shall determine the amount to be deducted from the salaries 
paid to teachers and employes as aforesaid, and shall have charge of, 
and administer said fund, and shall have power to invest the same as 
shall be deemed most beneficial to said fund, in the same manner and 
subject to the same terms and conditions as township treasurers are 
permitted to invest school funds in article four (4) of an act entitled 
"An act to establish and maintain a system of free schools," in force 
May 5, 1889, and shall have power to make payments from said fund 
of annuities granted in pursuance of this act, and shall from time to 
time make and establish such rules and regulations for the adminis- 
tration of said fund as they shall deem best. 

POWER — Sec. 3. Said board of education shall have power, by a 
majoritv vote of all its members, to retire any female teacher or other 
female school employe who shall have taught in public schools or ren- 
dered service therein for a period aggregating twenty years; and any 
male teacher or male school employe who shall have taught or rendered 
service for a period aggregating twenty-five years, and such teacher or 
school employe also shall have the right after said term of service to 
retire and become a beneficiary under this act: Provided, however^ 
that three-fifths of said term of service shall have been rendered by said 
beneficiary within the limits of the municipality where said board of 
education has jurisdiction. 

WHO ENTITLED— Sec. 4. Each teacher and school employe so 



MANUAL OF THE ILLINOIS SCHOOL LAWS.' 219 

retired or retiring shall thereafter be entitled to receive as an annuity 
one-half of the annual salar3^ paid to said teacher or employe at the 
date of such retirement, said annuity to be paid monthly during the 
school year: Provided, however, that such annuity shall not exceed 
the sum of six hundred dollars ($600), which shall be paid by said 
board of education out of the fund created in accordance with this act 
in the manner provided by law for the payment of salaries. 

TRUSTEES' POWERSec. 5. Said board of trustees is hereby 
given the power to use both the principal and the income of said fund 
for the payment of annuities hereinbefore mentioned, and shall have 
power to reduce, from time to time, the amount of all annuities; 
Provided, that such reduction shall be at the same rate in all cases. 

OFFICERS CERTIFY—Sec. 6. The president and secretary of 
such board of education shall certify monthly to the city treasurer all 
amounts deducted from the salaries of teachers, special teachers, 
principals and employes of the board of education in accordance with 
the provisions of this act, which amounts as well as all other 
moneys contributed to said fund, shall be set apart and held by 
said treasurer as a special fund for the purpose hereinbefore specified, 
subject to the order of said board of education, superintendent of 
schools, and two representatives, as aforesaid, and shall be paid out 
upon warrants signed by the president and secretary of said board of 
education, 

CITY TREASURERScc. 7. The city treasurer shall be custodian 
of said pension fund, and shall secure and safely keep the same subject 
to the control and direction of sa'd board of trustees, and shall 
keep his books and accounts concerning said fund in such manner 
as may be prescribed by the said board. And said books and accounts 
shall always be subject to the inspection of the said board or any 
member thereof. 

The treasurer shall, within ten days after his election or appoint- 
ment, execute a bond to the city, with good and sufficient securities, 
in such penal sum as the said board shall direct, to be approved by the 
said board, conditioned for the faithful performance of the dvities 
of his office, and that he will truly keep, and well and truly account for 
all moneys and profits which may come into his hands as such 
treasurer, and that on the expiration of his term ^ of office he will 
surrender and deliver over to his successor all unexpended moneys and 
all property which may have come into his hand as treasurer of such 
fund. Such bond shall be filed in the office of the clerk of such city, and 
in case of a breach of the, same or the conditions thereof, suit maybe 
brought on the same in the name of said city for the use of said board 
of trustees or any person or persons injured by such breach. 

CAUSE FOR DISCHARGE— Sec. 8. No teacher or other school 
employe who has been or who shall have been elected b3' said board of 
education, shall be removed or discharged except for cause upon writ- 

V 



220 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

ten charges, which shall be investigated and determined by the said 
board of education, whose action and decision in the matter shall 
be final. 

If at any time a teacher or school employe who is willing to con- 
tinue is not re-employed or is discharged before the time when he or 
she would under the provisions of this act be entitled to a pension, 
then such teacher or school emploj^e shall be j)aid back at once all the 
money, with interest, he or she may have contributed under the law. 
[Approved May 21, 1895.] 

Civil. Service — Under section 8 of the Teachers' Pension Fund act 
of 1895, the Chicago board of education has sole power to invc-tigate 
and determine charges against teachers and school employes, involving 
their removal, but the civil service act of 1895 applies, in all other re- 
spects, to offices and places of emplovment under such board. 176 
111., 620. 

FLAG LAW. 

An Act to provide for placing United States national flags on 
school houses, court houses and other public buildings in this 
state, and to repeal certain acts therein named. {^Approved 
June 2, 1897; in force July 1, 1897. -^ 

ON COURT HOUSE— Sec. 1. Be it enacted by the people of the 
State of Illinois, represented in the General Assembly: That it shall 
be the duty of the board of supervisors in counties under township 
organization, and the board of commissioners in counties not under 
township organization, to provide United States national flags of not 
less than four by eight feet in size, to be unfurled and kept floating 
from a suitable flag staff to be placed on the top of the court house 
in their respective counties, and it is hereby made the dutj^ of the 
sheriff of each and every county in the state to see that the flag 
so provided shall be hoisted on its flag staff above the court house and 
kept floating from eight o'clock a. m, to Ave o'clock p. m. on each and 
every legal holiday of the year, and on such other days as the board of 
supervisors or the board of county commissioners may direct. 

PENAL INSTITUTIONS— Sec, 2. The commissioners or trustees 
of all penal and reformatory, state educational and state charitable 
institutions of this state shall provide United States national flags of 
not less than ten by twenty feet m size, and cause the same to be 
unfurled and kept floating above the said penal and reformatory, state 
educational and state charitable institutions, or on a suitable flag pole 
from eight o'clock a. m. to five o'clock p. m. on each and every legal 
holiday in the year, and on such other days as the commissioners or 
trustees may determine. 

SCHOOLS — Sec. 3. The directors or board of education of every 
school district in the State of Illinois have power to cause to be erected 
and to keep in repair upon all public school houses or within the school 
grounds surrounding such public school buildings which may be in their 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 221 

respective school districts, a good and sufficient flag staff or pole, 
together with all necessary adjustments, and that they shall provide a 
United States national flag of not less than four by eight feet in size, 
which shall be floated from such flag staff or pole during the school 
hours of such days as the directors or board of education may deter- 
mine; Provided^ that the flag shall not b^ hoisted on any court house, 
state institution or public school building during any day when a 
violent storm or inclement weather would destroy or materially injure 
such flag. 

ARE NECESSARY SUPPLIES— Sec, 4. The flag used by any and 
all state institutions, as provided for in thisact, shall be paid for out 
of the funds appropriated for the running expenses of said institutions, 
the same as other necessary supplies are bought and paid for, and the 
flags for use over court houses and public buildings are hereby declared 
to be necessary supplies, and may be paid for out of the public funds of 
the respective counties or school districts. 

PENALTY— Sec. 5. Any person or persons who shall wilfulh^ 
injure, deface or destroy any flag, flag staff or pole, or adjustments 
attached thereto, erected and arranged lor the purpose of carrying out 
the requirements of this act, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined not less than one (1) dollar nor 
more than fifteen (15) dollars. 

REPEAL — Sec. 5. That an act entitled "An act to provide for 
placing the United States national flags on school houses, court houses 
and other buildings in the state," became a law June 26, 1895, in force 
July 1, 1895; and an act entitled '"An act to require the United States 
flag to be placed upon all public buildings in Illinois, or upon a flag 
pole erected within the school grounds surrounding such school build- 
ings," became a law June 26, 1895, in force July 1, 1895, be and the 
same are hereby repealed. [Approved June 2, 1897.] 

CLASHES FOR DEAF CHILDREN IN THE PUBLIC SCHOOLS. 

An Act autJwrmg school districts managed Jjy hoards of education 
or directors to establish and maintain classes for the deaf in tlie 
public schools, and authorizing payment therefor from state 
common school Junds. lA2Jproved June 11, 1897; in foi'-ce July 
1, 1897. 

DEAF CHILDREN— Sec. 1. Be it enacted by the people of the 
State of Illinois, represented in the General Assembly: That upon 
application by a board of education or directors of any school district 
of the state to the state superintendent of public instruction, he shall 
grant permission to such board of education or directors, and such 
board of education or directors shall thereupon be empowered to 
maintain as a part of a public school, within its hmits, one or more 
classes, having an average attendance of not less than three pupils, for 
the instruction of deaf persons over the age of three and under twenty- 
one years, residents ol the State of Illinois. 



■222 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

REPORT — Such board of education or directors which shall maia- 
tain one or more classes for the instruction of the deaf shall report to> 
the state superintendent of public instruction annually, and as often as 
said superintendent shall direct, such facts concerning such class or 
classes as he may require. 

COUNTY SUPERINTENDENT— Sec. 3. The county superintendent 
of schools in each county is hereby authorized and directed to appor- 
tion and pay, out of the state common school fund received by such 
county, to the treasurer or other financial olficer of such board of 
education or directors maintaining such class or classes for the instruc- 
tion of the deaf, the sum. of one hundred and fifty dollars for each deaf 
pupil, resident of such county, instructed in any such class for at least 
nine months during the school year, and a share of such snm propor- 
tionate to the term of instruction of any such pupil as shall be so 
instructed less than nine months during such year. If no such class 
shall be maintained in a public school in any county, but persons resid- 
ing in such coimty shall attend such class in an adjoining county with 
the permission of the county superintendent of the county not main- 
taining such class, then said superintendent shall pa_v to the financial 
officer of the board of education or directors of the district maintaining 
such class the amount above specified for each pupil attending such 
class in such other count3'. 

COUNTY SUPERINTENDENT PA F5— Sec. 4. The sums provided 
in the next succeeding section shall be paid by such county superin- 
tendent of schools as soon as may be after the receipt by him oi 
the state common school fund in each year, upon satisfactory proof 
being made to him by the president and the secretary or clerk of such 
board of education or directors maintaining such class, of the number 
of pupils instructed in such class or classes, and their residences, and 
the period of time each such pupil shall have been instructed in such 
class or classes for the preceding school year. 

APPOINTMENT OF TEACHERS— Sec. 5. All teachers in such 
classes shall be appointed by the state superintendent of public instruc- 
tion upon application of the board of education or directors of 
the school district maintaining such class orclassss; the state superin- 
tendent of public instruction to have the power to remove such 
teachers for cause. No person shall be appointed to teach any such 
class who shall not have first obtained a teacher's certificate, as 
provided by law, and who shall not have received specific instruction 
in the teaching of the deaf for a term of not less than one year. 
[Approved June 11. 1897.} 

A MANUAL TRAINING DEPARTMENT FOR TOWNSHIP HIGH SCHOOLS. 

An Act to provide for the establishment and maintenance of 
manual training deiyartments for high schools. [Ap^yroved 
June 3, 1897; in force July 1, 1897.] 

ELECTION— Sec. 1. Be it enacted by the people of the State of 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 223 

Illinois, represented in the General Assembly: That upon the petition 
of not less than fiftj' voters of any high school district, filed with the 
township treasurer at least fifteen days preceding the regular election 
of members of the board of education for said high school district, it 
shall be the duty of the said treasurer to notify the voters of said dis- 
trict that an election "For" or "Against" the establishment of a 
manual training department for said high school will be held at the 
next annual election of the board of education by posting notices 
of such election in at least ten of the most public places throughout 
the township for at least ten days before the day of such regular 
election, which notice may be in the following form: 

HIGH SCHOOI. ELECTION. 

Notice is hereby given that on Saturday, the .......day of April 

A. D an election will be held at for the purpose of 

voting 'For" or ".^gainst" the proposition to establish a manual 
training department for the high school in township No. ...range No.... 

The polls for said election will opened at o'clock and close at 

o'clock of said day. 

Township Treasurer. 

BALLOT— Sec. 2. .The ballots for such election shall be received 
and canvassed as in other elections, and may have on them the names 
of the board of education voted for at said election. 

ESTABLISH—Sec. 3. If a majority of the votes cast at such 
election shall be in favor of establishing a manual training department 
for the high school in said district, it shall be the duty of the board of 
education to establish and maintain therein such department as a part 
of the high school. [Approved June 3, 1897.] 

P.4.RENTAL SCHOOLS IN CHICAGO. 

An Act to enable boards of education or boards of school trustees 
to establish and maintain'''pu rental or truant schools. 

Sec. 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly: That in cities having a population 
of 100,000 inhabitants or more, there shall be established, maintained 
and conducted, within two years from the date of taking effect of this 
act, one or more parental or truant schools for the purpose of afford- 
ing a place of confinement, discipline, instruction and maintenance of 
children of compulsory school age who may be committed thereto in 
the manner hereinafter provided. 

Sec. 2. For the purpose of establishing such school or schools, sites 
may be purchased and buildings constructed or premises rented in the 
same manner as is provided for in the case of public schools in such 
cities; but no such school shall be located at or near any penal institu- 
tion. And it shall be the duty of the board of education to furnish 
such schools with such furniture, fixtures, apparatus and provisions 
as may be necessary for the maintenance and operation thereof. 



224 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

Sec. 3. The board of education maj' also employ a superintendent 
and all other necessary officers, agents and teachers; and shall pre- 
scribe the methods of discipline and the course of instruction; and shall 
exercise the same powers and perform the same duties as is prescribed 
by law for the management of other schools. 

Sec. 4. No religious instruction shall be given in said school except 
such as is allowed by law to be given in public schools; but the board 
of education shall make suitable regulation so that the inmates may 
receive religious training in accordance with the belief of the parents 
of such children, either by allowing religious services to be held in the 
institution or bj' arranging for attendance at public services elsewhere. 

Sec. 5. It shall be the duty of any truant officer or agent of such 
board of education to petition, and any reputable citizen of the city 
may petition, the county or circuit court of the county, to inquire into 
the case of any child of compulsory school age who is not attending 
school, and who has been guilty of habitual truancy, or of persistent 
violation of the rules of the public school, and the petition shall also 
state the names, if known, of the father and mother of such child, or 
the survivor of them; and if neither father nor mother of such child is 
living, or cannot be found in the county, or if their names cannot be 
ascertained, then the name ot the guardian, if there be one known; and 
if there be a parent living, whose name can be ascertained, or a 
guardian, the petition shall show whether or not the father or mother 
or guardian consents to the commitment of such child to such parental 
or truant school. Such petition shall be verified by oath upon the 
belief of the petitioner, and upon being filed the judge of the county or 
circuit court shall have such child named in the petition brought before 
him for the purpose of determining the application in said petition con- 
tained. But no child shall be committed to such school who has ever 
l>een convicted of any offense punishable by confinement in any penal 
institution. 

Sec. 6. Upon the filing of such petition the clerk of th.^ court shall 
issue a writ to the sheriff of the county directing him to bring such 
child before the court, and if the court shall find that the material 
facts seth forth in the petition are true, and if, in the opinion of the 
court, such child is a fit ]>erson to be committed to such parental or 
truant school, an order shall be entered that such child be committed 
to such parental or truant school, to be kept there until he or she ar- 
rives at the age of fourteen years unless sooner discharged in the 
manner hereinafter set forth. Before the hearing aforesaid notice in 
writing shall be given to the parent or guardian of such child, if 
known, of the proceedings abcut to be instituted, that he or she may 
appear and resist the same if they so desire. 

Sec. 7. It shall be the duty of the parent or guardian of any child 
committed, to this school to provide suitable clothing upon his or her 
entry into such school and from time to time thereafter as it may be 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 225 

needed, upon notice in writing trom the superintendent or other 
proper officer of the school. In case any parent or guardian shall 
refuse or nesrlect to furnish such clothing, the same may be provided 
by the board of education, and such board may have an action 
against such parent or guardian of said child tc recover the cost of 
such clothing v^ith 10 per cent, additional thereto. 

Sec. 8. The board of education of such city shall have power to es- 
tablish rules and regulations under which children committed to such 
parental or truant school may be allowed to return home upon 
parole, but to remain while upon parole in the legal custody and un- 
der the control of the officers and agents of such school, and 'subject 
at any time to be taken back within the enclosure of such school by 
the superintendent or any authorized officer of said school except as 
hereinafter provided; and full power to enforce such rules and regu- 
lations to retake any such child so upon parole is hereby conferred 
upon said board of education. No child shall be released upon parole 
in less than four weeks from the time of his or her commitment, nor 
thereafter until the superintendent of such parental or truant school 
shall have become satisfied from the conduct of such child that, if 
paroled, he or she will attend regularly the public or private school 
to which he or she may be sent by his or her parents or guardian, and 
shall so certify to the board of education. 

Sec. 9. It shall be the duty of the principal or other person having 
charge of the school to which such child so released on parole may 
be sent to report at least once each month to the superintendent of 
the parental or truant school, stating whether or not such child at- 
tends school regularly and obeys the rules and requirements of said 
school; and if such child so released upon parole shall be regular in 
his or her attendance at school and his or her conduct as a pupil 
shall be satisfactory for a period of one year from the date which he 
or she was released on parole, he or she shall then be finally dis- 
charged from the parental or truant school, and shall not be recom- 
mitted thereto except on petition as hereinbefore provided. 

Sec. 10. In case any child released from said school upon parole, as 
hereinbefore provided, shall violate the conditions of his or her 
parole at any time within one year thereafter, he or she shall upon 
the order of the board of education, as hereinbefore provided, be taken 
back to such parental or truant school and shall not be again released 
upon parole within the period of three months from the date of such 
re-entering; and if he cr she shall violate the conditions of a second 
parole he or she shall be recommitted to such parental or truant 
school and shall not be released therefrom on parole until he or she 
shall remain in such school at least one year. 

Sec. 11. In any case where a child is found tc be incorrigible and 
his or her influence in such school to be detrimental to the interests ot 
the other pupils, the board of education may authorize the superin 

15 



226 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

tendent or any officer of the school to represent thes^ facts to the cir- 
cuit or county court by petition, and the court shall have authority to 
commit said child to some juvenile reformatory. 

Sec. 12. Boards of education in cities having a population of over 
25,000 and less than 100,000 may establish, maintain and operate a 
parental or truant school for the purposes hereinbefore specified, and, 
in case of the establishment of such a school, the boards of education 
shall have like pov^^er in their respective cities as is herebefore [herein- 
before] expressed: Provided, that no board of trustees or board of 
education under this section shall put this law into effect until sub- 
mitted to a vote of the people and adopted by a majority vote at some 
general election. [Approved April 24-, 1899.] 

GIVING CERTAIN CITIES WITH SPECIAL SCHOOL CHARTERS THE GOV- 
ERNMENT OF SCHOOL IN ANNEXED TERRITORY. 

An Act giving cities organized under special charters and having 
the government of puMic schools under such charters, the gov- 
ernment of public schools in any territory annexed to said cities', 
with the right to levy and assess taxes for school purposes 
against the property in said territory so annexed. 

Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly: That in all cities in this state, having 
a population of less than twenty thousand, and incorporated under 
anv special law, whose public or common schools within the corporate 
limits of said city are governed by virtue ol such special acts, where 
an^^ territory has been heretofore, or may hereafter be annexed to said 
city for general corporate purposes, such territory so annexed shall be 
included in, and shall be subject to the control and government of, said 
cities for school purposes upon petition signed by a majority of the le- 
gal voters in the territory to be annexed as fully and to the same ex- 
tent as if the said territor\' were originally within the corporate limits 
of said city as created by such special acts, and said territory, when so 
annexed, shall thereby become disconnected from any school district to 
which, prior to such annexation, it may have been connected or 
belonged. 

Sec. 2. All cities referred to in section one of this act shall have the 
right to \evy, assess and collect taxes for school purposes in the terri- 
tor3' SD annexed, in the same manner, and as fully and to the same 
extent as the said cities may now have said right over the territory 
comprised within the original corporate limits of said cities. [Ap- 
proved April 12, 1899.] 

BOARDS OF TRUSTEES, DIRECTORS OR MANAGERS OF EDUCATIONAL 
INSTITUTIONS TO ELECT THEIR PRESIDENTS. 

An Act to provide that the hoard of trustees, directors or managers, 
or the senate, of any college, seminary, academy or other educa- 
tional institution, incorporated und^er any generoul or special 



MANtTAL OF THE ILLINOIS SCHOOL LAWS. 227. 

<:■ laiu of this state, solely for educational purposes and possessing 
■ii. no capital stocky may elect its own presiding offlx^er . 

- Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly: That the board of trustees, directors 
or managers, or the senate, of any college, seminary, academy or other 
educational institution, incorporated under any general or special law 
of this state, solely for educational purposesyand possessing no capital 
stock, mav elect its own presiding officer for such term as the board or 
senate may determine, the provisions of any special charter to the con- 
trary, notwithstanding. 

' Sec. 2. Whereas, an emergency exists, therefore this act shall take 
eiFect and be in force from and after its passage. [Approved April 
12, 1899.] 

- BONDS FOR PURCHASE OE SCHQOL Byil^DINGS OR SITES. 

An Act to 'authorize certain school districts to issue bonds for 
certain purposes. • 

Sec. 1. Be it enacted by the people of the State of Illinois, repre-. 
sented in the General Assembly: That for the purpose of building or 
repairing school houses, or purchasing or improving school sites, 
any school district in this state existing by virtue of any special 
charter, and governed by such special charter and special or general 
laws, whose boundaries are coextensive with the boundaries of any 
incorporated city, town or village, where authorized by a majority of all 
the votes cast at an election called for that purpose, may borrow 
money, and as evidence of such indebtedness may issue bonds in 
denominations of not less than one hundred (100) dollars, nor more 
than one thousand (1,000) dollars, for a term not to exceed twenty 
(20) years, bearing interest at a rate not to exceed five (5) per centum 
per annum, payable annually, semi annually or quarterly, and signed 
by the president and secretary of the board of education of such school 
district: Provided, that the amount borrowed in any one year shall 
not exceed, including existing indebtedness, five (5) per centum of the 
taxable property of such school district, to be ascertained by the last 
assessment for state and" county taxes previous to incurring such 
indebtedness, 

Sec. 2, All bonds authorized by virtue of this act, before being 
issued, negotiated and sold, shall be registered, numbered and counter- 
signed by the treasurer of such school district. Such register [registra- 
tion] shall be made in a book provided for this purpose, and in this 
register shall be entered the record of the election authorizing such 
school district to issue bonds, and a description of the bonds issued, 
including the number, date, amount, rate of interest and when 
payable. 

Sec. 3. All moneys, borrowed by virtue of this act shall be paid 
into the treasury of such school district, and upon receiving such 



228 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

% 
oneys the treasurer shall deliver the bond or bonds issued therefor to 

the person or persons entitled to receive the same, and shall credit the 

amount received to such school district. The treasurer shall record 

the axact amount received for each bond issued, and when any bond 

is paid the treasurer shall cancel the same and enter, in the register 

opposite the record of such bond the words, "Paid and cancelled this 

day of 19...," tilling the blanks with the 

date, month and year corresponding with the date of such payment. 

Sec. 4. Whenever it is desired to hold an election for the purpose of 

borrowing money, as provided by this act, the board of education of 

such school district in which such election is to be held shall give at 

least ten (10) days' notice of the holding of such election, by posting 

notices in at least three public places in such district. Such notices 

shall specify the the place where such election is to be held, the time of 

opening and closing the polls, and the proposition to be voted on. At 

such election two members ot the board of education shall act as 

judges and one member shall act as elcrks. The judges and clerk shall 

take the oath required of judges and clerks of an election held for 

county or township officers. At such election all votes shall be by 

ballot. 

Sec. 5. Within ten (10) days after such election the judges shall 

cause the poll-book to be returned to the treasurer of said school dis- 
trict, with a certificate thereon showing the result of such election. 
The poll-book shall be filed by the treasurer, and shall be evidence of 
such election. For a failure to return the poll-book to the treasurer 
within the time prescribed, the judges of said election shall be liable, 
severally, to a penalty of not less than twenty-five (25) dollars nor 
more than one hundred (100) dollars, to be recovered in a suit in the 
name of the People of the State of Illinois, before any justice of the 
peace, and when collected shall be added to the school fund of said 

district. 

Sec. 6. Where any such school district has heretofore issued bonds, 

or other evidences of indebtedness, on account of any public school 
building, or for any other purpose, which are now binding and sub- 
sisting obligations against such school district and remaining out- 
standing, such school district may, upon the surrender of any such 
ieonds or anj' part thereof, or other evidence of indebtedness, issue in 
lieu thereof, to the holder or holders of said bonds, or to any person or 
persons, for money with which to take up the same, new bonds in 
accordance with the provisions of this act: Provided, such bonds shall 
«ot be issued so as to increase the aggregate indebtedness of such 
school district to exceed, including existing indebtedness, tive (5) per 
oentum of the taxable property of such school district to be ascertained 
by the last assessment for the state and county taxes previous to 
incurring such indebtedness. 

Sec. 7. Whereas, An emergency exists*, this act shall be in full 
force and effect from and after its passage. [Approved May 10, 1901.] 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 229 

HIGH SCHOOLS. 

An Act to amend sections 4i ctnd 4-3 of article 3 of an act entitled, 
''An act to establish and maintain a system of free schools.'' 
apjptoved May 21, 1899, and in force May 21, 1899, and legalize 
high school organizations. 

Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly: Thac sections 41 and 42 of an act 
entitled, "An act to establish and maintain a system of free schools," 
approved May 21, 1889, and in force May 21, 1889, be, and the same 
are hereby, amended [so as] to read as follows: 

Sec. 41. For the purpose of building school houses, supporting the 
school and paying other necessary expenses, the territor3r for the 
benefit of which a high school is established under any of the provisions 
of this act shall be regarded as a school district, and the board of 
education thereof shall have the power and discharge the duties of 
directors of schools for such districts in all respects. 

Sec. 42. Two or more adjoining townships, or two or more adjoin- 
ing school districts, whether in the same or different townships, may, 
upon like petition as required for township high schools, signed at 
by at least fifty (50) legal voters in each of said townships or school 
districts, and where any such school district contains less than 150 
voters, then such petition shall be signed by at least one-third of the 
legal voters of such district, and upon an affirmative vote in each of 
such townships or districts, at an election held pursuant to tbe provis- 
ions of section 38 uf this act, establish and maintain, in the same 
manner as in this act it is provided for township high schools, a high 
school for the benefit of the inhabitants of the territory described in 
such petition. And the inhabitants of any territorj' composed of parts 
of adjoining townships who are now maintaining a high school and 
who have elected a board of education, may create such territory a 
high school district, by a petition of fifty (50) legal voters of such 
district and by an affirmative vote in such district, and may elect a 
board of education therefor as in other high school districts. All such 
high schools may be discontinued in the same manner as township 
high schools: Provided, that any school district having a population 
of at least two thousand (2,000) inhabitants, may in the same manner 
as herein provided for establishing and maintaining a township high 
school, establish and maintain a high school for the benefit of the 
inhabitants of such school district, and elect a board of education 
therefor with the same powers hereby conferred on township boards of 
education. All attempted high school districts in which the inhabitants 
are maintaining a high school and have in good faith elected a board 
of education substantially as herein required, are hereby declared to be 
valid and lawful high school districts and the board of education 
elected therefor legal boards of education. [Approved May 11, 1901.] 



230 MANIJj^L; QF TPIE ILLINOIS SCHOOL LAWS. 

NUMBERING SCHOOL DISTRICTS. 

AN; Act ^0 'provide for /numbering consecutively all scliool district 
in each county in the state, and for numbering school districts 
tuhich lie in two or more comities. 

Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly: That all school-districts shall be 
numbered consecutively in each county, beginning with number one, 

and each shall be designated as school district number county 

of and State of Illinois, and such designation shall 

be for all purposes for which school districts are now designated by 
number, township and range, or otherwise; and when any district lies 
in two or more townships or ranges, or in two or more counties such 
district, as a whole, shall have only one number in the consecutive list, 

Sec. 2. It shall be the duty of the county superintendent of schools, 
to prepare a map of his county on scale of not less than two inches to 
the mile, and to clearly indicate thereon the boundary lines of all school 
districts, as established, and to plainly number such districts in con- 
secutive order; and in case of districts composed of parts of two or 
more counties the county superintendents of such counties shall agree 
upon the number to be given such districts, which shall not be a dupli- 
cate of any number in either of such counties. 

Sec. 3. The county superintendent shallfurnish to township school 
treasurers a list of districts in his township, giving the former number 
of the respective districts and the consecutive number therof, as made 
upon the map of the county, and the county superintendent shall be 
authorized to demand of the board of trustees of townships certified 
copies of maps and records of school districts as organized; and in case 
of discrepancies or defects in defining the boundaries of school districts, 
the countv superintendent, or superintendents of two or more counties 
incase of districts in two or more counties, acting jointly, shall be 
authorized to define such boundaries to conforrn to wbat may appear 
to have been the intention of the trustees when such boundaries were 
established, and when so defined by the county superintendent or 
superintendents, acting jointly for two or more counties, such boun- 
daries so defined shall stand until changed, as provided by law. 

Sec. 4. The count3- clerk of each county shall number the school 
districts on the maps in his office to correspond with the numbers of 
districts as established by this act, and shall use such numbers in com- 
puting and reporting school taxes, as required by law. Assessors shall 
return their assessments of each person's assessment of personal 
propertv by such consecutive numbers. 

Sec. 5. All acts and parts of acts in conflict herev^^ith are hereb3r 
repealed. [Approved May 10, 1901.] 

STATE teachers' ASSOCIATION. 

An Act to authorize the Secretary of State to print the proceedings 
of the State Teachers' Association. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 231 

Sec. 1. Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly: That the Secretary of State is hereby 
authorized and empowered to have the proceedings of the Illinois 
State Teachers' Association printed and bound on the same terms as 
the proceedings of ether state boards are printed. 

Sec. 2. It shall be the duty of the state superintetdent of public 
instruction to approve the manuscript of said proceedings before it is 
placed in the hands of the secretary of state to be printed. 

Sec. 3. It is hereby made the duty of the auditor of public accounts 
to draw his warrant on the state treasurer, to be paid out of the 
appropriation for printing, upon a vuu..her properly certified to bv the 
board of commissioners of state contracts. [Approved May 11, 1901.] 

COUNTY NORMAL SCHOOLS. 

An Act to- enable counties to establish county normal schools. 

VOTE— Sec. 1. Be it enacted by the People of the State of Illi- 
nois, represented in the General Assembly : That in each countv adopt- 
ing township organization, the board of supervisors, and in other 
cotmties the county court, may establish a county normal school for 
the purpose of fitting teachers for the common schools. That they 
shall be authorized to kvy taxes and appropriate moneys for the sup- 
port of said schools, and also for the purchase of necessary grounds 
and buildings, furniture, apparatus, etc., and to hold and acquire, bv 
gift or purchase, either from individuals or corporations, any real 
estate, buildings or other property, for the use of said schools, said 
taxes to be levied and collected as all other county taxes: Provided, 
that in counties not under township organization, county courts shall 
not be authorized to proceed under the provisions of this act until 
the subject shall have been submitted to a vote of the people, at a 
general election, and it shall appear that a majorit^^ of all the votes 
cast on the subject, at said election, shall be in favor of the establish- 
ment of a county normal school. The ballots used in voting on this 
subject may read "For a county normal school," or "'Against a countv 
normal school." 

MANAGEMENT— Sec. 2. The management and control of said 
school shall be in a county board of education, consisting of not less 
than five or more than eight persons, of which board the chairman of 
the board of supervisors or the judge of the county court, as the case 
may be, and the county superintendent of schools, shall be ex-officio 
members. The other members shall be chosen by the board of supervi- 
sors or county court, and shall hold their offices for the term of three 
years. But at the first election one-third shall be chosen for one vear, 
one-third for two years, and one-third for three years, and thereafter 
one-third shall be elected annually. Said election shall be held at the 
annual meeting of the board of supervisors in September, or at the 
September term of the county court, as the case may be. 



232 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

POWER — Sec. 3. Said board of education sball have power to hire 
teachers, and to make and enforce all needful lules and regulations for 
the management of said schools. A majority of said board shall con- 
stitute a'quorum for the transaction of business, and a meeting of said 
board may be called at anj- time by the president or secretary, or by 
any three of the members thereof. Said board shall proceed to or- 
ganize, within twenty days after their appointment, by electing a 
president, who shall hold his office for one year, and until his suc- 
cessor shall be appointed. The county superintendent shall be, ex- 
ofBcio, secretary of the board. Said board shall make to the board 
of supervisors, at their annual meeting in September, or to the county 
court at the September term, as the case may be, a full report of the 
crindition and expenditures of said county normal school, together 
with an estimate of the expenses of said school for the ensuing year. 

COUNTIES UNITE — Sec. 4. Two or more counties may unite in 
establishing a normal school, in which case the per cent, of tax levied 
for the support of said school shall be the same in each county. 

APPROPRIATIONS— Sec. 5. In all counties that have already es- 
tablished normal schools, the action of the board ol supervisors in so 
doing, and all appropriations made by them for their support, are 
hereby legalized, and said board of supervisors are hereby authorized 
and empowered to make further appropriations for the support of 
such schools already established, until such schools shall have been es- 
tablished under the previous sections of this act. 

COMPENSATION— Sec. 6. No member of the aforesaid county 
board of education Sihall be entitled to compensation for services ren- 
dered as a member of such board. 

IN FORCE — Sec. 7. This act shall be in force from and after its 
passage. [Approved March 15, 1869.] 

THE ILLINOIS UNIVERSITY. 

Ax Act to provide for state scholarships in the University of Illinois, 
and the manner of awarding the same. [Approved Jttne 24, 1895; 
in force July 1, 1895.} 

See. 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly: That to equalize the advantages 
of the University of Illinois to all parts of the state, there shall be 
awarded annually, as hereinafter provided, to each county of the state 
one state scholarship, which shall entitle the holder thereof, who shall 
be a resident of the senatorial district to which he is accredited, to in- 
struction in any or all departments of said University of Illinois for a 
term of four years, free from any. charge for tuition or anj' incidental 
charge, unless such incidental charges shall have been made for mate- 
rials used or for damages needlessl)^ done to property of the university; 
Provided, that in counties having two or more senatorial districts, 
there shall be awarded annually one additional scholarship for each of 
said senatorial districts. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 233 

Sec. 2. A competitive examination under the direction of the super- 
intendent of public instruction shall be held at the county court house 
in each county of the state upon the first Saturday of June in each and 
every year by the county superintendent of schools, upon such branches 
of stud\' as said superintendent bf public instruction and the president 
of said university may deem best. 

Sec. 3. Questions for such examinations shall be prepared and fur- 
nished by the president of the university to the superintendent of public 
instruction, who shall attend to the printing and distribution thereof 
to the several county superintendents of schools prior to such exami- 
nations. 

Sec. 4. In case any candidate vsrho shall be awarded a scholarship 
shall fail to pass the entrance examination to the university, or shall 
fail to claim the privileges of such scholarship, or, having claimed the 
privileges, shall be expelled, or for any reason shall abandon his right 
to, or vacate, such scholarship, either before or after entering there- 
upon, then the candidate certified to be next entitled in the same 
county shall become entitled to the same. In case any scholarship be- 
longing to any county shall not be claimed b3' any candidate resident 
in that county, the superintendent of public instruction ma^- fill the 
same by appointing some candidate first entitled to a vacancy in some 
other county, after notice has been served upon the county superin- 
tendent of said first mentioned county. 

Sec. 5. The county superintendents shall, within ten davs after 
such examination, make and file in the office of the supermtendent of 
public instruction certificates, in which they shall name all the candi- 
dates examined, and specify the order of their excellence; and such can- 
didates shall, in the order of their excellence, become entitled to the 
scholarship-; belonging to their respective counties. The examination 
papers handed in bj- each candidate shall also be filed with the certifi- 
cate of examination. 

Sec. 6. Candidates, to be eligible to said scholarship, shall be at 
least sixteen years of age, and shall have been bona £de residents of 
their respective counties for at least one year immediately preceding 
the examination. 

Sec. 7. Any student holding a state scholarship, and who shall 
make it appear to the satisfaction of the president of the university 
that he requires leave of absence for the purpose of earning funds to 
defray his expenses while in attendance, may, in the discretion of the 
president, be granted such a leave of absence, and may be allowed a 
period not exceeding six years from commencement thereof for the com- 
pletion of his course at said university. 

Sec. 8. Notices of the time and place of the examination shall be 
given in the schools having pupils eligible thereto prior to the first 
day of Januar^^ in each year. The superintendent of public instruction 
shall attend to the giving of the notices hereinbefore provided for. He 



234 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

may, in his discretion, direct that the examination in any county may 
be held at some other time and place than that hereinbefore specified. 
He shall keep full records in his department of the reports of the differ- 
ent examiners, showing the age, post office address and standing of 
each candidate, and shall notify candidates of their rights tinder this 
act. He is hereby charged with the general supervision and direction 
of all matters in connection with the filling of such scholarships. He 
shall determine any controversy which may arise under this act. 

Sec. 9. Students enjoying the privileges of state scholarships shall, 
in common with other students of said university, be subject to all 
the examinations, rules and requirements of the board of trustees 
and faculty, except as herein provided. 

Sec. 10. Nothing herein contained shall be construed to prevent 
the board of trustees of said university from granting such other free 
scholarships as in their discretion may be deemed best. 

ARBOR DAY. 

An Act to encourag-e the planting of trees. 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: That the governor shall annually, in the 
spring designate, by official proclamation, a day to be designated as 
"Arbor Day," to be observed throughout the state as a day for plant- 
ing trees, shrubs and vines within this state, thus contributing to the 
wealth, comforts and attractions of our state. Approved June 10, 
1887. 

Object of Schools — If the schools and those who have the 
management of educational affairs will arrange annually to observe 
and celebrate "Arbor Da3%" good will result to the children. The 
planting of trees and shrubs in and around the school grounds, and 
exercises by the pupils in reading and reciting suital^le selections for 
the occasion v^ill give a great stimulus to the children and create in 
them a love for school and nature. 

Why maintain public schools, and upon w^hat principle does the 
state levy taxes for school purposes, are questions worthy of the 
greatest consideration at the hands of the people in a government like 
this. All admit that the safety and prosperity of the state depends 
upon intelligent citizenship which in a republican form of government 
is most vital and essential and can be best directed by the state. 

£^c/ucat/o« forms the base of national institutions, in a government 
like ours, for the reason that thty rest on the principles of sell-govern- 
ment, w^hich requires the most liberal dissemination of intelligence. 
The state, wisely provides for the education of the children b_v main- 
taining free schools which are open to all witiiout price or distinction. 
The wisdom of the state thus looking to the education of the children 
and future citizens of a republic will be conceded when time is taken to 
consider what the results would be were the education of the youth, 
largely left to private effort. 

All must realize that education is far more than the mere knowdedge 
of books, though this knowledge or learning may be the most pro- 
found. Teaching and training .should instill into the minds and hearts 
of the young theprinciplesofmoralit_y, virtue, truth, justice, patriotism. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 235 

charity, economy, and a love for the beautiiul and lead them to shun 
idleness, profanity, and intemperance. 

The mission o.' the schools and the age is to supplant ignorance by 
education and knowledge, and sin by virtue and enkindle the zeal of 
the loftiest for the right and afford opportunity and reward to the 
most lowly. 

He who assumes to be a teacher of today, should lead the vanguard 
of humanity, whether in the college, seminar\', or the little school 
house by the wayside. "Train up a child in the way he should go, and 
he will not depart from it." The first three or four years of school life 
gives to the children more ideas than all the remaining years in school 
will give them. The ideas and the impressions formed in early school 
life are lasting and have much to do with the success or failure of each 
individual. It should be a never ending proclaim in every school that 
there are original, immutable and indestructible maxims of moral 
rectitude which no conditions or circumstances can effect, no sophistry 
obliterate. That to this eternal measure every individual of the human 
race is bound to conform, and, that by it the conduct of every manand 
woman shall be adjudged. 

Teach to the pupils that he who irreverently uses the name of the 
Diety is a blasphemer, whether he be a judge in his ermine, a "hobo" or 
a scullion. Let it be indelibly stamped upon the minds and in the 
hearts of the children that he who speaks lightly or sneeringly of the 
honor of a woman is a caluminator, be his pretentions to gentility the 
most vaunted. Instill into the youth that he who purposely falsifies 
the truth is a liar, whether he be a United States Senator, minister of 
state or the poorest beggar in rags on his own dunghill. 

In all the schools, tell the children that he who habitually drinks 
intoxicating liquors to excess is a drunkard, whether it be the most 
costly wines and champaignes from tankards of gold, in the most 
palatial saloon, or stale intoxicants from tin castaway cans in the 
grog-shop or the back alley. 

It should be taught to the children that he who wantonly maligns 
an opponent for the. benefit of his party, is as vile as the perjured hire- 
ling who slanders his neighbor for pa^-. That he who defrauds the 
government under cover of the technicalities of the law, is as much a 
thief as h^ who wilfully and knowingly appropriates, to his own use 
the money and chattels of another. 

It should be implanted in the minds and the hearts of the young 
that dishonesty, fraud and falsehood are as despicable and criminal in 
those in the most exalted stations as in the most obscure, as in politics 
as in the business walks of life. Let it be so with the whole category 
of vices and crimes, till the lines of demarcation between right and 
wrong, good and evil, shall be graven so deeply upon the minds and 
character of the children that they can never be effaced. On wise and 
systematic training, based on the widest knowledge, the truest moral- 
ity, and tending ever to universal good, as the only assurance of 
special or personal well-being, rests the great hope of terrestrial reno- 
vation and elevation of man. 

While vice is pointed to in all its forms, let the schools, at no time, 
fail to direct the children and point them to those noble and enduring 
honors which cluster in eternal loveliness upon the brow of virtue. 
Proclaim to the children that conquest of self is more glorious than 
victories by land or by sea. It enkindles the fire of zeal in the heart of 
every good being, and makes the star of happiness shine out more vi- 
vidly on life's horizon, and fills the mind with higher and nobler vir- 



236 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

tues. It expells cruelty, curbs passion and changes vice to virtue, and 
ennobles labor from a vulgarity to a diginity. 

Impress upon the children that labor is the only door to achieve- 
ment, and direct them to the experience of the world, and show them 
that dishonesty and extravagance rot men and women down, limit 
their usefulness and shorten their career. Teach the children that if 
they are sent to bring something to ^bWno- /t, and not an explanation 
or an excuse. 

Lead the children to feel and know the difference between scholar- 
ship and education. Inspire them with a desire to make the right use 
of knowledge. Teach them that education means training, not memor- 
izing or stuffing, and that the mind must be a workshop, not a garret 
in which vou can find everything in one promiscuous heap from which, 
not a thing that is needed for work in this modern day, can be drawn. 
Implant in their minds that the whole catalogue of institutions, at 
best, is on a level with the men and women of the times and not infre- 
quently a century behind. 

We hear some one say: "This cannot be done." It can be accom- 
plished without intertering with the usual routine of school work, but 
not in the form of set lectures and preachings, for that is not the true 
wav to instruct the young in morals and the paths of rectitude; but by 
the power and force of living examples in the teacher, and by the 
earnest and skillful use of the innumerable incidents and happenings in 
the daily life of the school and of the community. 

The teacher should drink deep of the lesson taught in that little 
sentence of four words, "Perseverance wins the day." He should fully 
realize the lesson taught b^' the sower, who went forth to sow; some 
of the seed fell by the wayside and the birds got them; some fell in 
stony places and they could not root; some fell among thorns and 
they were choked b_v their wicked neighboi"s, and some fell on fertile 
soil and brought forth an abundant harvest. The teacher should be 
fully imbued with the axiom, that the increase of brain power and 
mere intellectual acquisitions in the makeup of a true education are as 
the grain of sand in the composition of the seashore. The most in- 
carnate fiend may take the highest honors at Yale or Oxford in science 
and letters, and, if that is all, be only the more a fiend. 

The schools should diftuse widely and thoroughly a living con- 
sciousness of the brotherhood of mankind, and the blessedness, as well 
as the righteousness, of doing ever as we would have others do to us. 
Such a spirit guards the welfare of the orphan, covers as with a halo 
of social innocence the tender years of childhood and youth, creates the 
very conception of charity and broadens the limits of its obligations 
from the narrow circle of a few to the widest horizon of the race 

When the schools and teachers have thus lead the children to the 
high plane of transfiguration and showed them the moral and spiritual 
brightness that may encircle a human being, the}' will not have failed 
ir sending forth good citizens, and crime and evil shall vanish before 
the influence of universal education, purity and happiness, and w:heu 
the last sun sets behind the hills of time it will light up the home^ of 
the countless children of freedom, and its last lingering ra3'S will shed 
their light on the tombs of teachers whose lives were nobly spent and 
whose duties were well performed; and the last brc^eze that ever fans, 
this earth will lovingh^ caress the banner of the republic, the sheet 
anchor of liberty and prosperity. 



r 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 237 

CONSTITUTIONAL PROVISIONS FOR SCHOOLS. 



Article IV, section 22, of the constitution forbids enacting any local 
or special laws "providing for the management of the common 
schools." 

This section as construed by the courts has reference to the manage- 
ment and the conduct of the common schools in imparting instruction, 
but does not limit school boards in adopting means to establish and 
maintain schools. 87 111., 595; 89 111. 297; 45 Ohio, 555. 

Article V, section 1, of the constitution makes the superintendent of 
public instruction one of the executive officers of the state and provides 
for his election, term of office at four years from the second Monday of 
January next after his election and until his successor is elected and 
qualified. This section requires the superintendent to reside at the 
seat of government during the term of office, and keep the public 
records, books and papers there, and shall perform such duties as may 
be prescribed by law. 

Article VII., section 2, of the constitution provides that all votes 
shall be by ballot. 

Article VIII., section 1. The general assembly shall provide a 
thorough and efficient system of free schools, whereby all children of 
this state may receive a good common school education. 

It is sometimes urged that the high school is not apart of the public 
school system, but the point that it is clearly a right of a school board 
to maintain a high schools as a part of the public schools will be seen 
in the opinions of the courts. 92 111., 612; 97 111., 375; 30 Mich., 69. 

Sec. 2. All lands moneys, or other property, donated, granted or 
received for school, college, seminary, or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which 
s-nch gifts or grants were made. 

This section of the constitution means that such property can not 
be taxed nor used for any other purpose than for the interest and 
benefit of the schools. 22 111., 236; 80 111., 384; 76 111., 184; 118 111., 
52; 120 111., 509. 

Sec. 3. Neither the general assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation, or pay from any public fund whatever, anythingin 
aid of anv church or sectarian purpose, or to help support or sustain 
anv school, acedemy, seminary, college, universitj^ or other literary or 
scientific institution controlled by any church or sectarian deuomina"' 
tion whatever; nor shall any grant cr donation of land, money or 
other personal pro])erty ever be made by the state or any «ueh publie 
corporation to any church, or for any sectarian purpose. 125 111., 
540. 

Sec. 4. No teacher, state, county, township or district schocfl 
officer shall be interested in the sale, proceeds or profits of any book, 
apparatus or furniture used, or to be used in any school in this state 



238 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

with which such officer i^r teacher may be connected, under sui^rh 
penalties as may be provided by the general assembly. (See School 
Law Art. XIV., Sec. 13.) 

Sec. 5. There may be a count\' superintendent of schools in each 
county whose qualifications, powers, duties, compensation aad time 
and manner of election, and term of office, shall be prescribed by law. 
(Article II of the school law.) 

" Article IX., section 3. The property of the state, counties and 
other municipal corporations, both real and personal, and such other 
property as may be used exclusively for agricultural and horticultural 
societies, for school, religious, cemetery and charitable purposes, may 
be exempted from taxation; but such exemption shall be only by 
general law. ' 

. This section of the constitution makes it clear that all public school 
houses and all property of educational institutions, not leased or other- 
wise used for profit are exempt by law from taxation. 
. Public school property may be classed as two kinds: One class con- 
sists of funds given or donated by the federal government, and addi- 
tions and accumulations thereto and held in trust by the state or those 
whom the state has by law made custodians or trustees, This class 
is exempt from taxation of any character. 

The second class consists of land, school sites, houses, and is exempt 
from general taxation, but is not exempt from special assessments 
such as a city council may make for paving or building a side walk 
along the property. 106 111., 209; Cooley on Taxation, 4.58. 

Article IX., section 12. No county, city, township, school district, 
or municipal corporation shall be allowed to become. indebted in any 
manner or for any purpose, to an amount, including existing indebted 
ness in the aggregate exceeding five per centum on the value of the 
taxable property therein, to be ascertained by the last assessment for 
state and county taxes previous to the incurring of such indebtedness. 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 239 

REVIEW QUESTIONS. 



1. Who prescribe the text-books to be used in a school? Who 
prescribe the studies? How are prescribed studies discontinued from 
the course? 

2. May a trustee legally teach a school in his township? A school 
treasurer? 

3. When is a teacher qualified to contract with a school board? 
When to enter upon his duties as teacher? 

4. What items must the teacher enter in the school register? 

5. Name the provisions of the "compulsory law." Penalties, etc, 

6. State the provisions of the law in reference to teachers' insti- 
tutes. (Annual). Those held in term time. 

7. Whose duty under the law to keep the school-room clean? 
What is meant by "duly qualified teacher?" 

8. What is the minimum age for school teachers in this state? 

9. Should the names and attendance of pupils who pay their own 
tuition appear on the schedule of the school? 

10. By what authority may a pupil of one district be allowed to 
attend school in another district? 

11. What is the limit of school age, as defined by law? If a pupil 
becomes twenty-one years of age during the school term, is he legally 
barred from attending longer? 

12. How is "Arbor Day" fixed? Isit a school holiday? If not, how 
made? 

13. Upon what principle does the state levy taxes for the support 
of schools? 

14. What are the provisions of the law in regard to the payment 
of teachers' wages? 

15. What power has a school board as to the use of tobacco at 
school? As to the vaccination of the pupils? In case of contageous 
disease? 

16. Is it legal for a member of a school board to receive a permit 
from his district to send his child to another district? 

17. What is the law concerning "night schools?" Who may at- 
tend? 

18. May a teacher legally compel a left-handed pupil to use the 
right hand? 

19. State the law about building school houses and the arrange- 
ment of the doors. 

20. What power has a county superintendent, in an appeal to him 
from a decision of a school board, as to the residence of a pupil? 

21. Who has the sole power to fix the salary of teachers? 

22. How can school boards make contracts that will bind the 
districts? 



240 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

23. Whose duty to make rules and regulations for the management 
and control of the school? Whose duty to enforce the rules? 

24. May a teacher make and enforce rules? Is a "high school" 
legally a part of the "common schools?" 

25. What is the law concerning the choice of studies by the pupils? 

26. When a book has been used in the school for four years, may a 
board prescribe i^ for use for four more years and compel its use? 

27. State fully the law concerning physiology and hygiene in the 
schools. 

28. State substance of the law regarding "child labor." Limit of 
age. Penalty. 

29. What is a "truant officer?" By whom chosen? Compensation 
and how paid? 

30. State what you can about school inspectors. What powers, 
etc.? 

31. Tell what you can about the law concerning "kindergarten 
schools." How established? Teacher's certificate for such schools. 

32. Tell what you understand about the "Teachers' Pension 
Fund." How managed, who participates, and rate per annum. 

33. What does the "flag law" require? Penalties? Size of flag 
required? 

34. What, and how is a "truant" or "paternal school" established? 

35. If two or more districts are formed from one, must each elect 
new boards of directors? 

36. If territory is detached from one district and added to another, 
can the voters living in the territory so attached vote at a school 
election held within the next thirty days? 

37. Is any person who acts as judge or clerk of a school election 
entitled to pay from any school fund? If so, in what cases? 

38. Whose duty is it to insure the school property of a district? 
State the law governing the numbering of school districts. 

39. On what days does the law sa3^ school elections may and 
should be held? 

40. What must be followed in voting at a school election aside 
from the law? 

41. If the persons whose duty it is, fail or refuse to act as judges 
and clerk of an election, what is the law? 

42. State clearly the topics upon which the state superintendent is 
required to report to the governor. How frequently is he required to 
make such report? 

43. What amount of bond given hj county superintendent? By 
township treasurer? How many signers? 

4A. Is it legal for for a school officer togive bond in an "Indemnity 
Company?" State the law on this point. 

45. How many members constitute a board of education? How is 
the president of the board chosen, and what is the term of his office? 
May the board select a secretary who is not a member of the board? 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 24L 

46. State the law concerning institutes held in term time. 

47. What is the law in regard to reports and schedules when the 
pupils belong in different districts? Different townships? Different 
counties. 

48. In a township divided by a county line, who is custodian of 
the bond of the tresurer? 

49. How does the treasurer report school matters to the countv 
superintendents where the township is divided by county line? Where 
do the teachers in such townships get their certificates? 

50. What funds and how are they distributed b}- the different 
schoool officers? Explain fully. 

51. What funds may township treasurers loan? Terms and 
conditions. 

52. Who may be a director? Can a director legally repair a school 
house or furnish wood or coal for the school and draw pay from the 
school fund? 

53. What days are legal school holidaj^s? 

54. Can a board of directors expel a pupil? If so for what and how 
long? State the powers of school boards concerning the suspension of 
pu])ils. 

55. Has the teacher any authority to expel pupils? To suspend 
them? What authority has the teacher to inflict corporal punishment? 

56. What authority has the teacher over pupils going to and from 
school? 

57. What power has a school board to allow the use of the school 
house for religious and other purposes? 

58. Can a teacher legally make up lost time by teaching on Satur- 
day or on a school holiday? 

59. For what officers may women vote? May they legally vote 
on questions of building a house, issuing bonds, selecting school site? 

60. What officers have the power to create a new school district? 
What are the dates for holding the annual elections for district and' 
township school officers. 

61. When does the school year begin? Are there different school 
years? If so name them. 

62 What is the shortest time a school maybe maintained to entitle 
a district to share in funds? 

63. Whose duty to call elections in new districts? 

64. Has any one, except the school board the legal right to call an 
election in a school district for the purpose of voting upon other 
matters than the election of school officers? 

65. How are the funds with which to support schools raised? 
What purposes require a vote of the people to authorize school boards 
to levy a tax? 

66. What is the highest rate school boards may levy without a 
vote of the people? State the purposes. 

16 



242 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

67. In the division of a district how divide the property? How 
arrange for existing bond debt? 

68. What is the limit of indebtedness a corporation or school 
district may contract or vote? 

69. What amount of bond must the state superintendent give? 
When elected, for what term and amount of salary? 

70. What are the duties of the state superintendent? Name some 
of the powers given to him b_v law. When will he not advise or rather 
not give an opinion? 

71. What power and authority has the state superintendent in 
granting state certificates? 

72. Has the state superintendent authority to authorize others 
to teach than those to whom he issues certilicates? What funds does 
he handle? 

73. What are the powers and duties of the state superintendent in 
reference to institute instructors? 

74. If the office of state superintendent becomes vacant, how filled? 
What qualifications must one possess to be eligible to the office of state 
superintendent? Are women eligible? 

Opinion — It is held by some that a woman is not eligible to the 
office, and it is so held by some in authority, as an attorney general, 
but while all have due regard for such a ruling, it is neverthe- 
less true that if a woman could secure votes enough she could hold the 
office. It may be true that the great political parties are not likely to 
nominate and elect a woman to the office. Under this condition of 
affairs the cjuestion will remain one for politicians to discuss and 
decide as they deem best for their respective parties. 

75. Can a school board compel a teacher to teach other branches 
than those named in the school law? If so, how? 

76. 'What is meant by "uniformity of books?" 

77. If parents fail orreluse to furnish books that their children may 
study physiology, what is the remedy? 

78. Can a teacher's wages be garnasheed? Is school property 
subject to mechanic's lien? Is school property subject to special assess- 
ment taxes.'' 

79. A pupil under twenty-one years of age graduates from the 
school, has he the right to attend the school longer? If so, for v/hat? 

80. What is the power of school boards in calling elections that 
the people may vote to change the location of sites? 

81. If a person is elected to the office of director and he is unable to 
read and write in English, and the fact is known to the election board 
what is the power of the board in such cases? 

82. Outside of a city or a village, how near to an owner's residence 
can a district locate a school house? 

83. Is it lawful for pupils to act for the teacher in hearing classes 
and recitations in school? 

84. How proceed to vote and organize a township "high school?" 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 2:13 

A county normal school? How and by whom is such a school 
managed? 

85. What are the duties of a "truant officer?', What constitutes a 
truant pupil? 

86. Name some things for which a pupil may be suspended. 

87. Who has the right to assiga seats to pupils? What power 
have school boards in assigning pupils to schools in the districts? 

88. What is the penalty if a school director refuses to sign a 
teacher's order or schedule? If a school election is illegal who is 
authorized to set it aside? 

89. What officer is the custodian of the cDunty superintendent's 
bond? Who approves the bond? 

90. What are the powers of school boards concerning the purchase 
of supplies, apparatus, etc? 

91. When are school boards to make return of all schedules? Of 
what value are schedules? When make and return tax levy? 

92. Whose duiy to make annual report for the township to count3' 
superintendent, and when? 

93. When must the school census be taken and to whom reported? 
What persons should be enumerated? 

94. How are vacancies in a board of education filled? If there is 
but one member or director in a school district, how may an election 
be called to fill the vacancies? 

95. If there is a tie vote in an election for school director, how 
settled? What is the result of a tie vote on other propositions? 

96. What rate of interest do teachers' orders bear? For what time? 

97. What is the penalty for failing to pay the interest on borrowed 
school funds? To pay the principal? 

98. Is it legal for a school board to rent or lease a school house 
outside of the district in which to maintain a school? 

99. Who grants permits for pupils to attend school in another 
district? 

100. Are school boards liable to pupils for injury sustained at 
school on account of defective buildings or school yards? 

101. May a teacher legally deprive a pupil of the noon hour? Is it 
lawful for a parent (a director) to employ his son or daughter to 
teach? Fully. 

102. When does a petition for a change of district take on a legal 
form or standing, or, rather, when is it in control of the law? 

103. What are the purposes for which school boards may levy 
taxes, and the highest rate for each? Fully. 

104. Can pupils rightfully be compelled to take part in general ex- 
ercises in school? If so. what? 

105. Give an account of the 16th section of land in its relations to 
schools? What is the penalty if a teacher fails to return the school 
register at the close of his term? 



244 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

106. Name all grades or kinds of certificates issued to teachers in 
this state. If a school, board pays funds to a teacher who is not a 
holder of a legal certificate, who is liable and to what extent? 

107. Are school boards authoiized to allow the use of the school 
house for worship, etc.? Who is liable for anj damages that may 
occur? 

108. Is it legal for a county superintendent to antidate a certifi- 
cate? If not, what is the penalty? 

109. Who appraises school property in the division of a district? 

110. If a school district is dissolved, or abandoned bj- petition, 
what disposition of the property? 

111. Is a county superintendent authorized to revoke a certificate 
becar-se there is much dissatisfaction and dislike for the teacher in the 
district? 

112. What are the powers of school boards in prescribing books 
lor the schools? 

113. State the law as to the use of the Bible in school. 

114. How may an alien woman be naturalized? For what officers 
may women vote? To what offices are they eligible? 

115. What is the duty of the township treasurer and directors as 
to the inspection of the district records, accounts and settlements? 

116. If a school house is lost by fire or otherwise, how about the 
teacher's paj-? 

117. How are "Manual Training Schools" organized and main- 
tained? 

118. What are the rights of the pupils at the "noon hour?" 

119. Is land taken in compromise, foreclosure or settlernent for 
monev belonging to and due the township, subject to general and 
special taxes? State reasons for answer. 

120. Name some of the constitutional provisions concerning ap- 
propriations for sectarian schools. 

121. If a district fails for two years to maintain a public school, as 
required by law, what is the duty of the trustees? If a district fails for 
one year, what is the penalty? 

122. When should school boards make tax levy? What is the law 
about "yeas" and "nays" in meetings of boards of education? 

123. What powers have school boards in the arrangement of pro- 
grams lor school-room work? 

124. What is the law concerning schools for deaf pupils? How are 
the teachers for such schools employed? What has the county super- 
intendent to do with such schools? 

125. If a school is taught seven months by a teacher holding a 
certificate for six months, is the district entitled to share in the school 
funds if the law is followed? 

126. Where mvist township treasurer's bonds be recorded? What 
is the dutv of the township treasurer if he finds an order does not 
specify on its face the purpose for which it was issued? 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 245 

127. What is the treasurer's duty when a teacher's order is pre- 
sented to him, and not paid for want of funds? What is his duty 
when funds do come into his hands with which to pay the order."* 

128. What is the law authorizing school boards to issue certifi- 
cates of qualificatioQ to teachers? 

129. At what rate of interest may trustees loan school funds? 
Name the conditions on which they raaj' make loans. 

130. State the law as to the power of a school board to compel 
pupils to take the studies named in the school course. 

131. Whose duty to insure school property? To whom should the 
policy be made payable? To whom should deeds for school sites be 
made? 

132. State the power of school boards to require the vaccination 
of pupils? 

133. Write an order for teacher's pay. One for general purposes. 

134. Write a permit for a pupil to attend school in another district. 

135. How may a county superintendent be removed from office? 
For what? 

136. Name some of the leading duties of a county superintendent. 
Name some of the powers given to him by law. 

137. When and what does he report to the county board? What 
are his duties and powers concerning township treasurer's bonds? 

138. What school funds handled by thecounty superintendent, and 
from what source does he get them? 

139. W^hen are counry superintendents elected? Term of office? 
Amount of bond? What qualifications must one possess to be eligible 
to the office? How fill vacancy? 

140. What powers has a county superintendent concerning 
teachers' certificates? What power concerning examinations? 

141. What persons may be employed as institute instructors? 
How long must an institute continue in session? 

142. What power may a. county superintendeat exercise when 
visiting a .'^chool? What does the law say he shall do when visiting a 
school? 

143. What powers have county superintendents as to renewing 
certificates? W'hat can he do in case a certificate has expired? 

144. What certificate may a county superintendent issue aside 
from those known as £rst and second grade? How long? 

145. When may a county superintendent order a .school election? 

146. Who may, and how postpone an election for director? 

147. If an officer files his resigna.tion with the proper officer, can he 
legalh' withdraw the same? 

148. How many polling places may there be in an election of a 
trustee? When open and close such election? 

149. If there is no public road to a school, how are pupils to go tr 



246 MANUAL OF THE ILLINOIS SCHOOL LAWS, 

and from the school? What is the law concerning the doors cf school 
houses? 

150. How proceed to sell a school site? Whose duty to sell? How 
elect trustees in school township, where the lines coincide with the 
lines of the political or civil township? 

151. What districts may elect boards of education? 

152. For what term is a school trustee elected? Is he required to 
take an oath of office? 

153. When do trustees hold regular meetings? What officer do 
they appoint and how long does such officer hold the office? 

154. In what year does a township treasurer's term of office com- 
mence? What are some of the duties of a treasurer? To what extent 
is he liable for school funds? 

155. Who holds the title of all school property? Who has the 
control? How form a new school district? 

156. How detach territory from one district and add it to another? 

157. When the territory lies in two or more townships how pro- 
ceed to form a new district or change the boundary lines of districts? 

158. What are necessary that a person may be eligible to the office 
of trustee? 

159. For what may a county superintendent revoke a teacher's 
certitiL>ate? What discretion has he about refusing to examine an 
applicant for a certificate? 

160. Can a county superintendent legally accept the certificate 
from another county superintendent, and grant one to the teacher 
without an examination? To whom may he legally issue a certificate 
without an examination? 

161. Are school boards permitted to issue a school bond for less 
than one hunred dollars? 

162. How may school boards issue orders when there is no funds 
on hand to pay them? Write the order. 

163. May a tax collector take school orders in pa\^ment of school 
taxes? Waat kind may he accept? 

164. In case the school board fails to keep the house in repair, or 
to furnish fuel, and the teacher dismisses his school, is he entitled to his 
salary'? 

165. Can a teacher or a school board require pupils to do janitor 
work? 

166. On what basis does the state auditor distribute the state 
fund? State tVie sources from which this fund is derived. 

167. How proceed to organize a township high school? 

168. If a special teacher is employed to teach music or penman- 
ship, is he required to make a schedule? 

169. Has a teacher the right to enforce a rule closing the door 
against tardy pupils? 

170. For what may pupils be expelled? Suspended? 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 247 

171. If an appeal is taken from the action of a board or boards of 
trustees on a petition to change the boundary lines of a district or dis- 
tricts, and the township or the territory is divided by a county line, 
whose duty to hear the appeal and render a decision? 

172. Maj' a county superintendent legally examine an applicant 
for a certificate in some branch not named in the school law? Has he 
any authority to prescribe books in which applicants must be ex- 
amined? 

173. What is a "union" district? How is the business of such dis- 
tricts conducted? Who is the treasurer? 

174. Who is authorized to fix the rate of tuition for pupils attend- 
ing by permission? If not so established, then how fixed? 

175. Who has the right to appeal from the action of the trustees 
in the matter of changing district boundary lines? To whom do they 
appeal? When? May a woman appeal? 

176. What does the law say about the state superintendent being 
interested in the sale of books, etc., to be used in the schools? iVhat is 
the law on this point as to other school officers? 

177. Is there any authority in law for more than one polling place 
in a school district when voting upon any proposition which the legal 
voters are authorized to vote? 

178. If an old school site is deemed unsuitable for school purposes, 
what is the power of the school board in such cases? 

179. What is the law concerning rights of colored children in the 
public schools? 

180. If the people locate, by vote, a school site, and there is no 
public highway to it, is the school board justifiable in not carrying 
out the ^vill of the voters as expressed at the election? 

181. Why maintain "common schools" at public expense or by 
general taxation? 

182. Whose duty to decide the residence of pupils? What power 
has a county superintendent to decide such questions? 

183. If a person over school age attends s.'hool by permission of 
the board, to what rules of government and discipline is he subject? 

184. What is the penalty for entering a school house illegally? 

185. If a school house is erected on land not belonging to t-he dis- 
trict, may the directors remove the same? 

186. State the rules of law governing free tuition in the state 
normal schools. 

Law — All the counties of the state shall be entitled to gratuitous 
instruction for two pupils for each county in said normal school, and 
each representative district shall be entitled to gratuitous instruction 
for a number of pupils equal to the number of representatives in 
said district, to be chosen in the following manner: The superin- 
tendent of schools in each county shall receive and register the 
names of all applicants for admission in said normal school, and 
shall present the same to the county court, or in counties acting under 
township organization, to the board of supervisors, as the case may 



248 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

be, shall, together with the superintendent of schools, examine all 
applicants so presented, in such manner as the board of trus ees may 
direct; and Irom the number of such as shall be found to possess the 
recjuisite qualifications, such pupils shall be selected by lot; and in 
representative districts composed of more than one county, the su- 
perintendent of schools and count3^ judge, or the superintendent of 
schools and the chairman of the board of supervisors in counties 
acting under township organization, as the case may be, of the sev- 
eral counties composing such representative district, shall meet at 
the clerk's office of the county court of the oldest county, and from 
the applicants so presented to the county court or board of super- 
visors of the several counties represented, and found to pos^ ss the 
requisite qualifications, shall select by lot the pupils to which said 
district is entitled. The board of trustees shali have discretionary 
power, if any candidate does not sign and file with the secretarv of 
the board a declaration that he or she will teach in the public schools 
within the state not less than three years, in case that engagements 
can be secured by reasonable efforts, to require the candidate to provide 
for the pa^^ment of such fees for tuition, as the board may ])rescribe. 

Note — The act establishing the normal school [at Macomb] au- 
thorizes gratuitous instruction for one pupil for each county. 

187. What is the law as regards tw^o or more counties holding an 
institute jointly? 

188. What is therule of law governing admission to "high schools" 
if the applicant is deficient in some branch or branches in the course? 

189. Tell what you can about the legality of directors supplying 
the school wath paper, pens, pencils, ink, etc. 

190. What are the teacher's rights in using force and calling help? 

191. Who constitute the state board of education? How chosen? 
State the duties and powers. 

Note — The law for the establishment and maintenance of the cen- 
tral normal, at Normal, provides that the same shall be managed by a 
l)oard of fifteen members, styled "The Board of Education of the State 
of Illinois," appointed by the governor for six years. 

The other normal schools are mtmaged by boards of trustees, con- 
sisting of five members each, whose terms are four j^ears. 

The state superintendent is ex-officio member of each of the five 
boards. 

192. Ma3' one member of a school board legally authorize another 
member to sign his name to a school order, tax levy certificate, 
schedule, etc.? 

193. Is public school property subject to any class of taxes, and, if 
so, what? 

194. State the substance of the law concerning two or more town- 
ships organizing and maintaining a "high school." 

195. State diff"erence of power of a board of directors and a board 
of education. 

196. How organize, manage and support a county normal school? 

197. What authority, if any, may a teacher exercise as to the style 
of dress of the pupils? 

198. What power, if an}', has a school board to compel a teacher 
^o remain at the school house during the noon hour? 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 249 

199 May a school treasurer or a county superintendent legally 
give bond in an indemnity compunyP 

200. Has a signer the right to take his name from a petition for 
change of district boundary? 

Opinion— This question, when raised, causes much discussion. The 
written authority on such points, though somewhat limited, sustains 
the right, though the signer may have been instrumental in inducing 
others to sign; Provided, he avails himself of the right to withdraw 
his signature before the instrument is filed with the proper officer.— 
Elliott's Private Corporations, 382. 

201. If a school board and a church society unite in building a 
house, the society paying part of the cost by subscription, with the 
understanding that the people are to have the use of the house for 
religious exeicises when the school is not in actual session, what 
power, if any, has the school board to close the house against the 
society? 

Opinion— A few cases of this kind have come to notice in this as 
well as other states, and in most all instances have resulted in much 
strife and animosity among the people of the districts. Legally, school 
boards have no power to make such agreements, but if made, so long 
as no damage results to the school property or the property of the 
pupils by the the use of the house as a place of worship, it 
wou'd seem right and just for the school board to grant the use 
of the building to the church society; but if the property of the pupils, 
or the seats, and the property of the school, should be damaged 
by such use, the property being under the control of the school board, 
then the directors would have full legal power to close the house from' 
further use by the society as a place of worship, though money had 
been contributed by subscription. Ark. 62 Southwestern Reporter, 61. 

202. In cities of one hundred thousand population, how are the 
members of the board of education chosen, how many members, term 
of office and what qualifications to hold the office? 

203. What boards of education may examine teachers and issue 
certificates to same? What about the examination fees in such cases? 

204. State briefly what you can about a district changing from a 
special law to the "general school law." 

205. How may trustees sell real estate which is under the control 
of a board of education? 

206. What is the duty of the teacher, in making schedules, if his 
district is divided by a township or a county line? 

207. What is the relation of a board of school trustees to the state? 

208. To what department of the state does the office of county 
superintendent belong? 

209. W^hat is a teachers' institute? How are the expenses of the 
different kinds paid? 

210. What is the penalty for boxing, boring, etc., any tree, sapling, 
etc., on school property? 

211. What are some of the essential purposes of an institute? 

212. State what the power of a school board is as to legalizing 



250 MANUAL OF THE ILLINOIS SCHOOL LAWS. 

acts of individual members, or irregular acts of the board at some sub- 
sequent meeting. 

213. How are the funds for school purposes provided in cities of 
more than one hundred thousand population? 

214. How may a fractional township, with less than two hundred 
persons under twenty-one years of age, consolidate its territory, etc., 
with an adjacent township? 

215. If a fractional township or any other township has not 
sufficient number to maintain a public school, what is the law in 
such cases? 

216. Classify, under the proper heads, a levy for paying bonds, 
interest, teacher, drainage, heating, building, sidewalk, addition to 
building, and repairs. 

217. What boards of education have the power to establish vaca- 
tion schools and pla3^ grounds? 

218. Whose duty to fur lish a clock or time piece for the school? 

219. If the members of a school board fail to visit the schools, as 
directed by law, what is the penalty? 

220. What is the law authorizing school boards to enlarge a 
school house? 

221. If the people vote down the proposition to build, or to bor- 
row mone3' for building, what is the duty of the school board? 

222. State the causes for which a county superintendent may re- 
voke a teacher's certificate. Who has authority to remove a d'rector? 
For what? 

223. Give reasons why the school register should be accurately 
kept. State what should be entered in the register. 

224. How are classes for deaf pupils provided for and maintained 
in the common schools? Explain the law briefly. 

225. What is the rule concerning the schedule, should the teacher 
die? 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 251 



CALENDAR OF OFFICERS' DUTIES AND ELECTIONS 



First Monday in January — Auditor apportions funds. 

First of March — Auditor's warrants paid by county treasurer. 

First of March — Report of tines by justices to county court. 

First of April — Tax collector pays township treasurer. 

First Monday in April — Regular meeting of trustees. 

First Tuesday in April — Trustees elected at town meeting. 

First Saturday in April — Trustees elected in other cases. 

Trustees organize within ten days after election. 

Third Saturday in ^pnV— Election of directors and members of boards 
of education. 

Thirtieth of June — Treasurer reports to county superintendent. 

Seventh of July — Directors report to treasurer and file all schedules. 

Fifteenth of July — Trustees report to county superintendent. 

First Tuesday in August — Directors file tax levy with treasurer. 

Second Monday in August — Treasurer files levies with county clerk. 

Fifteenth of August — County superintendent makes report to the state 
superintendent. •' 

September Meeting— County superintendent reports to county board. 

First Monday in October— Trustees' meeting. 

First of November — State superintendent makes biennial report to 
governor. 

April and July — Treasurer makes financial reports to the districts, 
showing receipts and disbursements. 

District Election Boards — Return poll books within ten days to 
treasurer. 

Tovi^nship Election Boards — Return poll books to treasurer, and trus- 
tees canvass vote within five days. 



252 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



INDKX. 



Article I. — State Superintendent.. 5 
Article I. — County Superintendent 11 
Article III.— School Trustees.. .. 26 
Article IV. — School Treasurers . . 67 

Article V. — Directors 82 

Article VI. — Boards of Education. .136 

Article VII.— Teachers 148 

Article VIII. — Revenue-Taxation. .166 

Article IX.— Bonds 172 

Article X.— County Clerk 176 

Ar*-iole XL— County Beard 178 

Article XII.— School Funds.... ..181 

Article XIII.— School Lands 185 

Article XIV. — Fines, Forfeitures. .193 
Article XV. — Liabilities of School 

Officers 196 

Article XVI.— Miscellaneous . . . . 201 

Acquire Title 43 

Attorney, State's 193 

Advertisement to Sell Land ....188 

Accidental Damage 95 

Addition to School Fund 182 

Action Direct Show Right of Dis- 
trict 85 

Accounts by County Supt 17 

Accounts by Township Treas., 69-71-79 
Appropriations for Sectarian Pur- 
poses 199, 237 

Assessor's Books 171 

Assessor, Duty of 169 

Adjournment of Trustees 55, 58 

As;es of Teachers 148, 151 

Auditor and State Treasurer.. ..182 

Auditor's Warrants 181 

Auditor's Warrants Not Negotia- 
ble 182 

ApDortionment of Funds by County 

Superintendent 22, 23 

Apportionment of Funds by Trust- 
ees 3'^ 

Apnortionment of Property by 

Trustees 61, 62, 63, 63, 64, 65 

Apportionment Not Allowable, 

When 65 

Approval of Treas's. Bond.. 21, 22, 23 

Appraisment of Land 188-190 

Assistant County Supt 14 

Arbor Day 234 

Assigner's Peril 147 

Appeal From Trustees, Who May. . 55 

Appeal from County Supt 24 

Appeal to County Supt 55-56-57 

Appeal from Trustees, When.. .. 55 

Appeal. Failure to Transmit 57 

Appeal to Two Counties 58 

ApDointment of Teachers for Deaf 
Pupils 222 



Appointment of Treasurer 35 

Appointment of County Supt.. .. 13 
Applicants for State Normals Reg- 
istered 15 

Attendance at School 120, 132 

Annexation of Territory to Munici- 
pality 65 

Annexation of Towns, Cities and 

Villages 65 

Australian Ballot Law Not Appli- 
caiL/le 32 

Ballot, How Counted 34 

Ballot, Vote by 89 

Ballot Boxes, Two Required 27 

Ballot, Form of 32 

Ballot, Specific 32 

Ballot for Township High School 

Canvassed 47 

Ballot, Australian 32 

Ballot Must Conform 175 

Bible in School 133, 134, 135 

Bonded Debt When Boundary 

Change 59, 60 

Bond Issue, Vote Required 

126, 172, 174, 175 

Bonds Issued in Cities of 100,000 

Population 143 

Bonds, Illegal 175 

Bonds Made to Trustees 72 

Bond of County Superintendent... 12 
Bond of State Supt., Approved.... 12 
Bond of State Superintendent. ... 5 

Pond of Township Treas 21, 22, 23 

Bond, New Required 9 

Bond of Treasurer, Where Filed . . 68 

Bond of Collector Suit On 171 

Bonds, Where Payable 175 

Bonds, Sale of 175 

Bonds, Registration of 172 

Bonds, Refunded 174 

Bonds, Proceeds of 172 

Bonds Not Purchased by Members 

of School Board 175 

Bonds for the Purchase of School 

Sites or Buildings 227 

Board of Education Township High 

School 47 

Boards File Schedules 100-101 

Board Cannot Ratify Acts 129 

Board Cannot Bind District 129 

Board Grant Use of School House 130 

Board, Power of 138, 139, 140 

Board Select Site When 127 

Board, Duty of 137 

Board, Provide for the Study of 

Physiology 100 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



253 



Board of Education Examine 

Teachers 138 

Board of Education Elected in Cer- 
tain Cases 209 

Board of Education, Election of.. 136 

Board of Education Meeting 141 

Board of Education Elect Secty...l40 
Board of Education Assign Pupils 

102, 131 

Board of Education Enter "Yeas" 

and "Nays" 141 

Board of Education Vote Required 

, -to Authorize 139-146 

Board of Education Maintian 

School Six to Ten Months.. 139, 146 
Board of Education Visits Schools 139 
Board of Education, Vacancy in.. 147 
Board of Education, publish Re- 
port 146 

Board of Education, Expel Pupils.. 139 
Board of Education Dismiss Teach- 
er. . 140 

Board of Education Personally Lia- 
ble 154 

Board of Education Vote to Em- 
ploy Does Not Bind 122 

Board of Education Cannot Re- 
quire Teacher 122, 125 

Board of Education Have Sole Au- 
thority 106 

Board of Education, Individual 
Members or Committee No Au- 
thority 106 

Board of Education, President and 

Duties 137 

Board of Education, Divide Dis- 
trict 139 

Board of Education in Cities of 

100,000 142 

Board of Education, Who Eligible. .142 
Board of Education Branches of 

Study 146 

Board of Education Powers 143 

Board of Education, Duty 144 

Board of Education, President and 

Secretary 142 

Board of Education Make Rules.. 140 
Board of Education Records.. ..143 
Board of Education Examine 

Teachers 145 

Board of Education Appropriate 

Funds 144 

Board of Education Concurrent Ac- 
tion With City 145 

Board of Education Apportion Pu- 
pils 141 

Board of Education Expel Pupils. .139 
Board of Education Appointed. .. .206 
Board of Education Elected in Cer- 
tain Cases 209-215-216 

Board of Education, Township 



High School Cannot Levy.. ..127 
Board of Education, Township High 

School 47 

Board of Education, Township High 

School Order Election 48 

Board of Trustees, Directors, etc., 

of Educational Institutions, elect 

Their President 226, 227 

Branches of Study Must Be 

Taught 154 

Branches of Study Not Excluded.. 97 
Branches of Study Prescribed by 

Boards 97 

Branches of Study Prescribed by 

the Legislature 97 

Branches of Study Prescribed by 

the People 87-97-146 

Branches in Course of Study.. ..100 
Breach of Stipulation in Mortgage 73 
Boundaries Considered by County 

Superintendent 17 

Blanks for County Superintend- 
ent's Bills 15 

Calendar for School Officers.. ..251 
County Superintendent Election.. 11 
County Superintendent Liability. . 12 
County Superintendent Bond and 

Kind of 11, 12, 178 

County Supt. Compensation.. 14, 160 
County Superintendent Hold Insti- 
tute 16, 155, 159 

County Superintendent Commis- 
sion Computed 14 

County Superintendent Present Bill 

to County Board 14 

County Supt. Duties 15-74-159 

County Supt Sell Lands. .15, 18, 19, 23 
County Supt. Sell Lands at Priv- 
ate Sale 189 

County Supt. Register Applicants 

for State Normals 15 

County Supt. Visit Schools 15 

County Supt. Judge of Visitation.. 15 
County Supt. Remove Directors, 18, 19 

County Supt. Loan Funds -23 

County Supt. Hear Appeals from 

Trustees 56-57-58 

County Supt. Loan to Purchaser. . 24 
County Supt. Hold Exaralnations 

Quarterly 17 

County Supt. Grant Certificates 

17, 138, 145, 146, 149. 150, 151 

County Supt. Keep Account of 

Funds IT 

County Supt. Lease Lands 18 

County Supt. When Visiting Shall 

Note 15, II 

County Supt. Advise School Of- 
ficers 1* 

County Superintendent Examine 



£54 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



Treasurers' Books .... 16 

County Supt. Report to County 

Board 17, 19, 20, 179 

County Supt. Consider Boundaries 17 
County Supt. Give Notice for Elec- 
tion of Directors 17 

County Supt. File Poll Books . . . . 17 
County Supt. Report to State Supt. 20 

County Supt. Records 19 

County Supt. Notify Trustees and 

directors of Funds Paid to Treas. 17 
County Supt. File Report of Trust- 
ees 18 

County Supt. Report Institute Fund 20 } 

Co. Supt. Require Trustees 18 j 

Co. Supt. Renew Certificates 18 

Co. Supt. Revolve Certificates . . . . 18 ■ 
Co. Supt. Approve Treasurers' j 

Bonds 21, 22, 68, 

Co. Supt. Take Receipts for Money 23 j 
Co. Supt., When Teacher Holds No ; 

Certificate 159 

Co. Supt. Not to Be Treasurer. . . . 18 , 

Co. Supt. Sue Trustees 21 ] 

Co. Supt. Direct Officers How to j 

Keep Accounts 18 

Co. Supt. Recommend Remission ! 

of Forfeiture 23 j 

Co. Supt. Give Notice of Election j 

17, 33, 88: 

Co. Supt. Hear Controversies.. ••24^ 
Co. Supt. Not Use Funds for Sup- 
plies 12 [ 

Co. Supt. Liable for Goods Pur- ' 

chased 13 

Co. Supt. Appointed to Fill Vacancy^ 
Co. Supt. Report Sale of Land to I 

Auditor 190 

Co. Supt. Assistant 14 

Co. Supt. Time Allowed 13 

Co. Supt. Examine Reports of I 

Fines 194 

Co. Supt. Successor 25 , 

Co. Supt. Not Judicial Officer.. 35, 104, 

Co. Supt. Violates Law 150, 

Co. Supt. Cannot Examine Himself 151 
Co. Supt. Discretionary Power.... 153 
Co. Supt. Not Compelled by Court 153 
Co. Supt. Liable for Damages. .. .153 
Co. Supt. Present Statement of 

Sale to County Board 190 

Co. Supt. Duty in Default of Loan. . 74 
Co. Supt. Divided I^ands and Lots 188 

Co. Supt. Make Conveyance 189 

Co. Supt. Report to Trustees and 
School Boards Money Paid to 

Treasurers 201 

Co. Supt. Make Certificate of Pur- 
chase 190 

Co. Supt. Notify Trustees of the 
Condition of Notes, etc.... 196 



Certificates, Teachers' State 9, 148, 149 
Certificates, Teachers' for County 17 
Certificates, Teachers, Attack Must 

be Direct 153 

Certificates, Teachers' Revoked 

18, 106, 107, 150 

Certificates, Teachers in Kinder- 
Garden Schools 217 

Certificates, Teachers' Renewed 

18, 150, 151 

Certificates, Teacher for Deaf Pu- 
pils 222 

Cerificate, Special Teachers ....149 
Certificate, Teachers' by Boards of 

Education 145 

Certifi_ca^es, Date of 154 

Certificates of Sale by Co. Supt... 190 
C-^r'ificaies of Tax Levy Void.... 167 

Certificates of Tax Levy 166 

Certificates of Tax Levy. Return of 16T 
Certificates of Tax Levy, Errors 

in 169 

Certificates of Tax Levy, Failure 

to File 171 

Constitutional Provisions for 

Schools 237 

Colored Children, Rights of 

199, 200, 201, 203, 204 

Children in Poorhouse 180 

Children Deaf 222 

Children's Rights in Newly Attach- 
ed Territory 60 

Conveyances 42, 141, 191 

Child Labor 210 

Counsel Employed to Recover 

School Funds 205 

County Clerk Report Names of 

Trustees 35 

County Clerk Record Reports of 

County. Supt 177 

County Clerk Com^pute and Extend 

Tax 168, 176, 177 

County Clerk, error of 169 

Co. Clerk, Certify Amount of Tax 169 
Co. Clerk Furnish Certificate of 

Valuation to Direc^-ors 176 

Co. Clerk Mail Certificates of 

Amount of Tax to Treasurers. . .177 
Co. Clerk Certify Bills of Co. Supt. 

to Auditor 177 

Co. Clerks of Interested Counties 
Furnish Certificates of Valua- 
tion 176 

Co. Board Require Co. Supt. to 

Report 178 

Co. Board, Power of 178 

Co. Board Provide Office for Co. 

Supt 179 

Co. Board Require New Bond of 
Co. Supt 178 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



255 



Co. Board Authorize and Pay As- 
sistant Supt 179 

Co. Board Examine Books, Vouch- 
ers, etc., of Co. Supt 180 

Co. Board Remove Co. Supt 178 

Co. Board Approve Bond of Co. 

Supt 17S 

Co. Board Pay Tuition of Children 

in Poor House 180 

County Line 40 

County Judge Hear Appeal from 

Trustees 58 

County Judge Approve Reports of 

Fines 194 

County Collector Failing to Pay 

Warrants 182 

Custodian of Funds, 67, 75, 79, 141, 17G 

Courts Will Not Interfere 170 

Clerks of Courts Not Collectors of 

Fines 194 

Collector, Duty of 169 

Collector Not Authorized 170 

Collector Pay Proper Treas.. .78-170 

Collector Suit on Bond 171 

Collector Liable 170 

Cities and Villages Incorporated, 

136, 141 

Cities With Special Charters to 

Govern Annexed Territory.. ..226 
Cost Paid by Individual Members. .200 
Ching-e From Board of Directors to 

Po-=rd of Education 146 

Census Special 146 

Census Federal 181 

Census School 39 

Corporal Punishment 

113, 114, 115, 116, 117, 118, 119 

Corporal Pimishment. Tendency 

of 121 

Corporal Punishment and Compul- 
sory Law 122 

Claims Settled by Trustees 45 

Contagious Disease 131 

Compensation of Treasurer. . . .37-80 
Compensation of Clerk of Direc- 
tors 90-102 

Compensation of Election Judges.. 91 
Compensation Not Allowed Trust- 
ees and Members of School 

Boards 203 

Compensation of Judges and Clerks 

in Certain Cases 208 

Compensation of Truant Officer. .212 

Compulsory School Law 211-212 

Choice of Studies 99 

Contract Should be Plain 124 

Contract Specific 120, 124 

Contract, Teacher's 138 

Contract, Teacher's Annulled.. ..106 
Cost Not Paid from School Funds. .201 
County Normal School . 231 



Course of Study Branches 100 

Contest of Election 87 

District Divided by Town or Coun- 
ty Line 40 

District Rights 60 

District, Legality Tested 50 

District Acquires Title 43 

District Corrects Title 43 

District Fails to Maintain School 

50, 63 

District Lines Changed . . 50, 51, 52, 53 
District Must Have Vote to Au- 
thorize 85 

District Consolidated 50-61 

District Organization, in New.. ..50 

District, Petition For 52 

District Organized by Co. Supt. . . 61 
District—, "Union" Disolved. .63, 64 

District Cannot Waive Right 65 

District Debtor to Another Dis- 
trict 62 

District Funds Loaned 72 

District Composed of Parts of Two 

or More Towns 93 

District Not Liable for Injury ....105 
District Directors Changed to 

Board of Education 146 

District Special Law Repealed. . . .147 

District Divided by Line 161 

District Not Cre9,te Debts 174 

Division of Property in New Dis- 
trict 61 

Default of Payment of Loan, etc . . 74 

Deed to Trustees 42 

Duty of President of Trustees. ... 37 

Doors of School House 44 

Death of Teacher 161 

Damages to School Property by 

Pupils ..112 

Directors, Purpose of 82, 83 

Directors Election 17, 60 

Directors Adopt Rules. .93, 94, 102, 103 
Directors Removed by Co. Supt... 18 
Directors Removed from District 85 
Directors Power to Sell Site.... 41 

Directors, Bad Policy 43, 122 

Directors Maintain Action for 

Trespass 43 

Directors Vacancy Caused 59-85 

Directors Joint Board of 59-60 

Directors Organize Board 61 

Directors Cast Lots Gl 

Directors Request Division of Prop- 
erty 63 

Directors Settle With Treasurer ... 78 

Directors Body Corporate 82 

Directors Provide for House.. ..167 
Directors Damages Recovered by 

Teacher 44 

Directors Furnish Supplies 83 



256 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



Directors Bind District.. 84-85 

Directors, Who Eligible 85 

Directors Judges and Clerks of 

Elections 88 

Directors May Pay Clerk 90 

Directors Call Special Meetings.. 91 
Directors Not Interested, Books, 

Contracts, etc 91, 92 

Directors Failure to Return Poll 

Books 89 

Directors Organize.... .. 89, 90 

Directors, Quorum of 89 

Directors Visit Schools .... .. 93 

Directors Keep Records 89 

Directors Meetings 89-90 

Directors Transact Business When 89 
Directors President and Clerk... 90 
Directors Report Organization to 



Treasurer -....90 

Directors Report Statistics 90 

Directors May Receive Permit.... 91 
Directors Tie Vote How Decided.. 89 
Directors Employing Minor Child. . 92 
Directors as Agent Not Insure 

School House 91, 92 

Directors Report Teacher to Co. 

Supt 92 

Directors Report to Voters 

92, 101. 146 

Directors' Duties 92, 93-108 

Directors Designate Treasurer.... 93 
Directors Establish Night Schools. . 94 
Directors Do Busineses on Cash 

Basis 168 

Directors Prescribe Branches.... 96 
Directors Maintain School Six 

Months . 93, 146 

Directors Power Defined 96-154 

Directors May Suspend or Expel 

Pupils.. 94, 95, 96, 102, 103, 107, 

108, 109, 125, 132. 
Directors Not Permit Change of 

Books 96 

Directors Not to Exclude Branches 97 

Directors Classify Pupils 98 

Directors Purchase Books 100 

Directors File Schedules, 100, 101-197 
Directors Provide for the Study of | 

Physiology 100, 

Directors Not to Pay Teacher. . . .101 
Directors Pay Teacher Monthly. .101 

Directors Procure Records 101 

Directors Dismiss Teacher. .. .102-105 

Directors Assign Pupils 102, 131 

Directors Provide for Pupils under 

12 Years to Attend Four Hours 

Daily ». 103 

Directors File Schedules 100, 101 

Directors Purchase Libraries.. ..103 

Directors Grant Holidays 103 

Directors Admit Nonresident Pu- 



pils 105, 106 

Directors Control School Houses.. 103 

Directors Borrow Money.. 103 

Directors Decide When House or 

Site Not Suitable 103 

Directors Individually, no Authori- 
ty 106 

Directors Cannot Delegate Power. .108 
Directors May Require Pupil to 

Give Information 107 

Directors Provide for Schools, 108, 109 
Directors May Not Require Teach- 
er 122, 124 

Directors Sell Personal Property at 

Private Sale 103 

Directors, Illegal Acts 123 

Directors Corporate Liability .124, 125 
Directors Contract with Teachers .124 
Directors Cannot Discriminate. .. .125 

Directors Not Draw Orders 125 

j Directors May Draw Against Un- 

|. collected Tax 125 

j Directors Collect Tuition 129 

I Directors Can Not Bind District. .129 
Directors Can Not Ratify Acts ... 129 

Directors Grant Permits 129 

Directors Personally Liable 154 

I Directors Furnish Register 16! 

Directors in Union District Deter- 

j mine Custodian of Funds 170 

Directors Determine Amount of 

j Tax Levy 170 

Directors Act as Judges and Clerk 

of Election 173 

Directors Keep Record of Bonds, 

etc 175 

Directors Not Purchase Bonds.... 175 
Directors Not Delegate Power.... 184 

Deaf Pupils, Class of 221 

Distributable Fund 181 

Delinouent Purchaser of Land.... 189 



Election of Trustees 17-27-28 

Election of Directors 17. 60, 

Election of Trustees in CiAal Town- 
ships when '. . . . 

Ti^iection Notice How Given 

Flect^'on .Judees, Clerks Sworn... 

Flection Poard Ceases to Exist . . 

Flection Conducted How 

Flection Illes-al 

Flection Postponed 23-?!5- 

Election How Called. 33-34-60, 86, 87. 

Election to Vote on Special Propo- 
sition How Called 

Flection to Fill Vacancy 

Flection for Trustees, tie 

Election for Trustees Polling 
Places 

Election of Boards of Education in 
Certain Cases . 209-215-2 



16 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



.257 



Election Judges For 33 

Election Irregularities In 34 

Election for Township High 

School 46-47 

Election Australian Ballot Law 

Does Not Apply 32 

Election Failure to Order 50 

Election Held On Days Fixed by 

Law. 87 

Election Who May Vote 51-60-86 

Election in New Districts. . ... .60, 85 

Election Judges and Clerks Chosen 

by Voters 30, 61 

Election Ordered by Treasurer. .61, 88 
Election to Fill Vacancy of Direc- 
tor 85 

Election to Select Site 127 

Election Who May Call 86-88 

Election Judges Must be Sworn... 86 

Election Contested 87 

Election Returns How Made 88 

Election Fill Vacancy in Union Dis- 
trict 88 

Election for Director a Tie 89 

Election if Notice is General.. ..104 
Election for Borrowing Money or to 

Build 104 

Election in School Districts, But 

One Voting Place 127 

Election Voter Living in Special 

District 205 

Election at Which Second Vote is 

Taken 129 

Election Returns for Borrowing 

Money 17S 

Election Essential in 86 

Election Boards of Education 

When 137 

Election First Boards of Educa- 
tion 137 

Election o f Board of Education, 

Failure to Give Notice 137 

Election for Borrowing Money. . . .173 

Election to Sell Land 187 

Examinations Number of 154 

Expulsion of Pupils 

95, 96, 102, 103, 107. 108, 109, 125 

Exempt from Tax . . . .45, 46, 238, 239 
Exercises in Other Buildings 

Exercises General 100, 120, 121 

Emminent Domain 127, 143 



poses... 199-237 

Flag Law 220 

Form of Bond County Supt 11 

Form of Notice of Funds Paid 18 

Form of Election Notice, New Dis- 
trict 60 

Form of Notice of Appeal from 

Trustees 55 

Form of Petition to Change Bound- 
ary 52, 53 

Form of Certificate of Notice of Pe- 
tition 54 

Form of Notice of Petition Direc- 
tors 54 

Form of Vote for Township High 

School 46 

Form of Receipt to County Supt. . 23 

Form of School Fund Note 24 

Form of Certificate of Appeal to 

State Superintendent 24 

Form of Election Notice for Trust- 
ees 29 

31 
32 



Form of Judges' and Clerks' Oath. . 

Form of Ballot 

Form of Notice of Trustees' Special 
Meeting 36 

Form of Notice to Sell Site 42 

Form of Election Notice for Town- 
ship High School 46 

Form of Treasurers' Bond 68 

Borm of Record 69 



Funds Divided 64,65 

Funds Loaned 70, 71, 72, 73, 76 

Funds Withheld 9 

Funds Credited to Districts 37 

Funds Additions To 182-186 

Funds How Paid Out 186 

Funds of Special Districts How 

Loaned 1^4 

Funds Squandered 200 

Funds Not Used for Sectarian Pur- 



Form of Notice for Security on 

Loan 74 

Form of Election Notice for Direc- 
tor 86 

Ferm of Notice of Directors' Or- 
ganization 90 

Form of Notice Directors' Special 

Meeting 91 

Form of Notice of Teachers' Em- 
ployment 93 

Form of Permit 129 

Form of School Order 127 

Form of Teachers' Orders 128 

Form of Order Against Uncollected 

Tax 125 

Form of Election Notice Board of 

Education 137 

Form of Schedule 156 

Form of Statement in lieu of Sched- 
ule 162 

Form of Directors' Certificate to 

Schedule 156 

Form of Teachers' Certificate.. ..150 
Form of Renewal of Certificate. .J 50 
Form of Revocation Certificate ..150 
Form of Election Notice to Organ- 
ize Under General Law 141 

Form of Certificate of Tax Levy. .166 
Form of Notice of Election to Bor- 



258 



MANUAL, QF -THE ILLINOIS SCHOOL LAWS. 



row Money.... .... .... ...,173 

Form of Order on School Fund. . . .183 

Form of Sale Notice for Lands and 

Lots.... 188 

Form of Election Notice to Sell 

Land 187 

Form of Election Notices for Board 

of Education Certain Cases. . . .209 
Form of Election Notice for Man- 

nual Training Department 223 

Fractional Township Attached to 

Others 187 

Fines Paid to County Supt. 193 

Fines Collected by State's Atty...l93 
Fines Collected and Reported by 

.Justice of the Peace 193 

Fines Reported by OiTicers 193 

Fines Recovered How 194 

Gifts and Grants 41, 42, 69 

Garnashee Process 158 

High School, Township Petition for 

46-47-239 

High School in Two Townships... 47 
High School Discontinued... ..48-49 
High School Property, Disposition 

of 48 

Hiffh School Part of the Public 

Schools 237 

House School, Use of Granted by 

Board 130 

Homestead Release of 73 

Highway No to School 104 

Holidays 103, 158-16^ 

Holidays, Church 134 

Indictment for Trespass 186 

Indebtedness, Existing 211 

Incorporated Cities and Villages. .136 
Incorporated Cities Surrender Spec- 
ial Law 141 

Incorporated Sckools, Colleges, 

etc., to Report to State Supt 262 

Institute Purpose of 159 

Institute 16-155-159, 160 

Institute Fund Report 20 

Institute Fund 155 

Institute Who May Attend. . . .159-160 

Institute When Held. .... 159 

Institute Instructors 159 

"Information," How Proceed.. ..200 
Insurance Policies to Trustees . . 42 
Insurance on School Property by 
Director as Agent Illeasal.. ..91, 92 

Irregularities in Elections 34 

Interest Added to Fund 38 

Interest on Teachers' Orders .... 77 

Interest on Bonded Debt 59-60 

Interest Rate of 71-181 

Interest Paid by State 181 

Judges and Clerks of Elections 



....31, 61, 86/ 88, 91, 126-173, 208 
Judges and CleiRs Must be Sworn 86 
Judges and Clerks How Chosen.. 61 
Judges and Clerks Compensation in 

Certain Cases.. 86 

Judges and Clerks Must Make Up 

Returns .'. 88 

Judges Liable for Failure to Return 

Poll Books. . 196 

Judgments Against Trustees and 

School Boards, How Enforced. .203 

Janitor, Teacher Not 125 

Janitor, Pupils Not 109-125 

Kindergarten Schools 217 

Loan Default in . , 74 

Loan District Funds.... 72 

Loan by Treasurer. .70, 71, 72 

Lien on Land, etc., of School Of- 
ficers 198-200 

Land Sale of 15, 18, 19, 45. 46, 147 

Lands Leased . ....18-45-185 

Lands Do Not Revert 43 

Lands Taken for Debt, Sale of 191 

Lands Exempt from Tax 45, 46. 237-238 

Lands Sold by County Supt 188 

Lands Sold at Private Sale 189 

Lands Sale, Terms of 189 

Lands Sale. Place.. ...189 

Languages,, Modern .... .... 98 

Lines of Districts Changed.. .... 50 

Lines of District Changed by Vote 54 

List of Tax Payers Filed .58 

Liability of Security on Bond of 

County Supt 12 

Liability of County Collector.. ..18 
Liability of Township Treasurer 

44, 69, 70-199 

Liability of Trustees Jointly.. 62-65 

Liability of School Officers 44-199 

Liability for Criticism 44 

Legislation Concerning School 

Lands, etc 66 

Legislation Does Not Make 
Schools 163 

Meetings of Trustees,36, 37, 38, 55, 57 
Meeting of Directors. . .... .... .90-91 

Meetings of Boards of Education. .141 
Map of Township Filed with Coun- 
ty Clerk :.. .......58-79 

Manual Training Department in 

High Schools 222, 223 

Mortgages payable to Trustees . . 72 
Minor Child of Director Not Em- 
ployed 92 

Modern Languages 98 

Moral Depravity of Pupil ...131 

Malace Not Allowable .118 

Malace Must Be Shown.. 119 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



259 



Notice of Election of Trustees. .17-29 
Notice of Petition to Change Line. . 54 

Notice of Fundi Paid 18 

Notice. of Special Meeting of Trust- 
ees 36 

Notice to Sell Site 42 

Notice of Appeal from Trustees... 55 
Noiice of Election for Directors. .60-86 
Notice of Adjournment of Election 

33, 35, 87 

Notice of Special Meeting of Di- 
rectors 91 

Notice of Election for Board of Ed- 
ucation 137 

Ni-ht Schools 94 

Notes Payable to Trustees 72 

Names of Trustees Reported by 

County Clerk 35 

Names of Tax Payers Filed With 

County Clerk 58 

Numbering School Districts.. ..230 

Oath of Judges and Clerks 31 

Oath of Office Not Required 36 

Organization of Trustees 35 

Organization of Directors 89 

Open School What Hour 131 

Officer, If He Ceases to Inhabit.. 126 
Officers, School Criminally Liable 44 
Officers Not to Be Interested . .49, 199 
Officers Cannot Delegate Power... 184 

Object of Schools 234 

Order Not to Issue 125, 12G 

Order Against Uncollected Tax. . .125 
Order Illegal, When.. ..126, 128, 153 
Order Required in All Cases. .127-183 

Order Must State on Face 128 

Order Must Not Be Paid 12S 

Order Must Be Paid 128 

Order Assigned 147 

Order Not Receivable for Tax.... 170 
Orc'er Payable in the Future.. ..175 
Penfflty for Directors' Failure. .77-87 

Penalty for False Census 23 

Penalty for Failure to Report Fines 

194 

Penalty for Trustees Failure ..34. 40 
Penalty for Conversion of School 

Funds 197 

PeniHv for Burning School House. 43 

Penalty for Illegally Entering 

School House 43 

Penal+y for Injury to School House 44 
Penalty for Failure of Directors to 

Return Schedules 197 

Penalty for Interest in Books, etc., 

. . 10, 49, 91, 199, 200 

Penalty for Default in Loans.. .. 75 
PeraUv for Failure to Return Poll 

Books 89-196 

Penalty for Trespass 186 



Penalty for Excluding or Intimidat- 

' ing Colored Pupils.. ...... ..210 

Penalty for Failure to Return Sta- 

I tistics 198 

Property Where Taxed 169 

Patents From the State 190 

Patents Duplicate ; . . .190 

Power of County Board 178 

! Power of Officers Not Delegated. .184 
Power of Township Board of Edu- 

i cation 49 

Power of Directors 10 

I Power of Board of Education.... 

138, 139, 140 

Power of Boards to Levy Tax.... 167 
Permits .128 

I Permits to a Director 91 

Poll Books Filed 17, 34, 87, 89 

I Poll Books Evidence of Election ..88 
Polls of Election for Directors 
Open 29 

I Polling Places for Trustees 33 

Petition to attach Fractional Town- 
ship 27 

Petition for Change of District Line 

50, 51, 52, 53 

Petition by Two-thirds 52 

Petition by Majority 53 

Petition to Detach Territory. . . . 52 

Petition Date of Filing 54 

Petition by Two-thirds Does Not 

Apply 52 

Petition Considered, Objection, etc, 

51, 57 

Petition Signed by a Trustee .... 56: 

PeMtion Who May Sign 51 

Petition to Dissolve Union District 64 
Petition to Sell Real Estate Not Re- 
quired *. 147-1 

Petition to Sell Real Estate Re- 
quired 186 

Parental or Truant School. .. .223-224 
Physiology in Schools.. ..99, 100, 207 

Parent and Teacher 108 

Pnpishn-ent — Object of 118 

Parent Furnish Excuse 120-132 

Pupils in New District 60 

i Pupil, Damage by Accident. . . .95, 108 
Pupil Susuended or Expelled 

i 94, 95, 96, 102, 107. 108, 109, 131 

I P'lpi] Regular Attendance 132 

Pupil and Teacher 122 

Pupil May Enter Grade 98i 

Pupils, Classified 98 

Pupils' Right When No Road to 

School 104 

Pupils, Residence of 104 

Pupils Under Twelve Years ..103-130 

Pupils Attend Social Party 102 

Pupils Not Able to Buy Books. . . .100 
Pupils Select Studies 98, 99, 106 



260 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



Piipils Non-resident 105 106 

Pupils Required to Inform 107 

Pupils Incorrigible 107 

Pupils I eft Handed 109 

Pupils Not Punishable 109 

Pupils Discipline for Conduct on 

Road.. 110 

Pupils on Road, Conduct of.. 109-115 

Pupils Not Janitor 109 

Pupils Returned Home 112 

Pupils Immoral Acts of 109 

PupHs Over Age 113 

Pupils Deportment of on School 

Premises 115 

Pupils Absence of 115-132 

PuTDils Who Are Weak-Minded 115 

Pupils Furnish E-cusg . . .115. 120, 121 
Pupils Not Compelled to Confess a 

Crime, When 115 

Pupils Transferred 128, 129, 130 

Pupils Not Legal Teachers.. .. 154 

Pupils Morally Depraved 131 

Pupils Without Permit 130 

Pupils Without Fixed Home 104 

PuDils Whose Attendance Not to 

Annear on Schedule 161 

Pupils Colored Rights of 

199. 200, 201, 203, 204 

Pension Fund for Teachers.. ..217 
Property of Consolidated Districts. .61 
Property Division of New District. .61 
Property Real How Disposed of.. 62 
Property When not to Be Divided. .65 
ProiDerty Care of By Teacher. . . .161 
Purchaser of Land, Delinquent. . .189 
President of Trustees Duty of . . . . 37 
President of Trustees Removed... 36 
Private Sale of Land 18'^ 

Qualification of Voter 29-30-51, 88 

Qualification of Teacher. .148, 151, 152 

Quorum of Directors 89 

Quorum of Board of Education. . . .147 
Questions for Review 239 

Report of Incorporated Schools, 

Coll6R6S GtC ZOJj 

Report of Trustees. .9. 18, 20, 21, 38, 39 

Report of Treas. to Tinistees 76 

Report of Treas. to Directors 77 

Report to Auditor Sale of Land.. 190 
Report of Directors to Voters. .92-101 

Report of Boards of Education 149 

Report of County Supt. .17, 19, 20, 179 
Report of County Supt., President 

of Ti'ustees and Directors 17 

Report of Fines Collected County 

Judge Examine 194 

Report of Fines When Made.. ..194 
Report of Fines to Whom Made. . .193 

Retui-n of Tax Levy 167 

Return of Poll Books 87-89 



Reappraisment of Land 190 

Record of Teachers 17-153 

Record of Funds and Land Sales.. 19 

RecordValue of 59 

Record of Directors 89 

Resignation Not Withdrawn 13 

Removal of Treasurer by Trustees 36 
Removal of President by Trustees 36 
Removal of County Superintendent 

by Board 178 

Removal of Directors from District 85 
Removal of Director by Co. Supt.. 127 

Registration of Bonds 172, 175 

Register Furnished by Board 161 

Rights of Person Elected 34 

Rights of New District 60 

Rights of Pupils in New District.. 60 
Rights of Persons in New District 60 

Rights of Teachers Lost 105 

Rights of Voter Living in Special 

District 205 

Rights of Voter Living in Territory 

Not in School Township 27 

Remonstrance of No Legal Force. . 58 

Road No to School 104 

Residence of Pupils 104 

Resident, and Inhabitant Differ.. 126 
Repeal of Law for Special District 

Force of ..147 

Railroads Not to Lay Tract 191 

Rules Adopted Directors 

93, 94, 98, 100, 102. 103, 106, 107, 

108, 109, 110, 111, 112 

Rules bv Teacher 94 

Rules P Question of Law, 94, 95-102-103 

Rules Considered Proper 95 

Rules Prohibiting TTse of Tobacco. . 95 

Rules Must be Reasonable 112 

Rules Not Reasonable 132 

Rules bv Board of Education.. ..140 
Rules Regarded as Unreasonable.. 95 

Schools Are Public 208 

School Law is One 49 

School Boards Make Election Re- 
turns 90 

School Not For Two Years 50, 63 

School Township 27 

School Districts Numbering of . . . .230 

School Fund Note 24 

School Fund Addition to 182 

School District Divided by Town- 
ship Line 40 

School District Divided by County 

Line 40 

School Officers' Rights 113 

School Officers Liable for the Loss 

of School Funds 199 

School Site May Sell 41 

Schcool Site if Owner Will Not 
Sell 127 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



261 



School Site, Who May Vote to Lo- 
cate 51 

School Site Does Not Revert 43 

School Site Vote On 122 

School House, Burning of 43 

School House Entered Illegally 43 

School House Injury to 43 

School House Enlarged 174 

School House Doors 44 

School Closed by Change of Bound- 
ary 65 

School Closed by Teacher 163 

School Ceases to be Public 104 

School Discipline 110, 111, 112 

School Month.. 122-158-162 

School, Day 131 

School Disturbed Purposely . . . . 43 
School Funds Not Used for Sectar- 
ian Purpose 199 

School Boards Grant Use of House 130 
School Maintained Six Months or 

More 158 

School Share in Funds Must Com- 
ply 22, 23 

School Abandoned by Teacher. .. .158 

School Register Furnished 161 

School Holidays. 103-108-163 

School Not Made by Statute 163 

School Inspectors Elected Under 

Certain Acts, Etc 213-214 

School Boards Not Make Draft or 

Acceptance 184 

School Boards Can Not Delegate 

Power 184 

School Funds Source of 181 

School FuHds How Paid Out 183 

School Lands Section Sixteen 185 

School Lands Sale of 45, 46, 189 

Schedules who Apper on 161 

Schedules Filed 100-162 

Schedules Separate .130 

Schedules, District Divided by 

Line 161 

Schedules Made by Teacher.. ..156 
Schedules or Statements.. ..161-162 
Schedules Delivered to School 

Board 157 

Schedules, Purpose of 161 

Scholarship in State University. .232 

Suit How Brought 75 

Suit Against Trustees 21 

Supplies for Schools •• 83 

Security Additional 74 

Special District Funds How 

Loaned 181 

Special Act Relating to Statistics 
in Cities of 100,000 population. .202 

Special Laws Forbidden 237 i 

Special Teachers hold Certificate. .149 i 

Substitute Teacher Hold Certifi- I 

cate ^°" 



State Superintendent Election g 

State Superintendent Bond 5 

State Superintendent Salary.. .. 5 
State Superintendent Duties.. ., 6 
State Supt. Report to Governor... 6 
State Supt. Adviser of School Offi- 
cers 6-7 

State Supt. Hear Appeals 7 

State Supt. Grant Certificates to 

Teachers 9 

State Supt. May Withhold Funds!! 9 
State Supt. Require Trustees to Re- 
port 9 

State Supt may Remit Forfeiture . . 9 
State Supt. License Institute In- 
structors 10 

State Supt. May Require Auditor 
to Withhold Funds From County 

Superintendent 10 

State Supt. Not to be Interested in 

Books, etc 10 

Suits, Unsuccessful, No Cost Charg- 

able 201 

State Treasui'er 182 

Securities on Bonds 180 

Studies Choice of by Pupils 98 

State Teachers' Association 231 

Schedules, Death of Teacher.. ..161 

Trustees Make Report 

r..9, 18, 20, 21, 38, 39, 40, 45 

Trustees Lease Land 45 

Trustees Not Interested in Books, 

etc 49 

Trustees Penalty for Failure to 

Act 196-198 

Trustees, Township (New) 49-50 

Trustees Make and File Map, 50-58-176 

Trustees Name on Petition 56 

Trustees Compelled to Consider. . 56 

Trustees Act on Petition 55-57 

Trustees Adjourn Once 55, 58 

Trustees Order Election in New 

District 60 

Trustees Complete Business.. .. 62 

Trustees Divide Property 61-62 

Trustees Liable Jointly.. ..61-65-198 
Trustees Liable for Use of Fund 

44- 62 

Trustees Successors 64 

Trustees Approve Treas. Bond.. 21, 68 
Trustees Do Township Business. .185 

Trustees Redistrict 141 

Trustees Sell Without Petition. .147 

Trustees Neglect to Report 21-23 

Trustees Attach Fraction Town- 
ship 27 

Trustees Corporate Body 28 

Trustees Elected When 28 

Trustees Term of Office 28 

Trustees, Who Eligible . . 28 



262 



MANUAL OF THE ILLINOIS; SCHOOL LAWS. 



Trustees Not Borrow Funds.. .. 71 

Trustees Act for the State 29 

Trustees Not Elected from Same 

District 29 

Trustees Cast Lots 30 

Trustees Postpone Election.. ..33-35 
Trustees Tie Vote How Decided . . 33 

Trustees Canvass Vote 34 

Trustees Order Special Election.. 34 
Trustees Penalty for Failure. .. .34-40 
Trustees Elected at Town Meeting. .27 
Trustees Names Reported by Co. 

Clerk.... 35 

Trustees Organize Appoint Treas- 
urer and President 35, 36, 67 

Trustees Oath of Office Not Re- 
quired 36 

Trustees President's Term 36 

Trustees Treasurer's Term.. .. .. 36 

Trustees Special Meetings 36-37 

Trustees Keep Record 37 

Trustees Examine Book, etc., of 

Treasurer 41 

Trustees Receive Grants and Gifts 

41-42 

Trustees Sue for Deed 42 

Trustees Hold Insurance Policies, 

.... 36, 40 

Trustees Sue on Treasiirer's Bond . . 44 

Trustees Sell Land 

[_.... 41. 45, 46, 64, 147, 186 

Trustees when Two or More Boards 

Are Petitioned for Change... 51, 55 
Trustees Do Not Meet in Joint 

Session 57 

Trustees Appraise Land 188 

Trustees Reappraise Land 190 

Trustees Sell Land to Railroads. .186 
Trustees Divide Land in Fractional 

Townships 188 

Trustees Make Plat of Land Di- 
vided 188 

Trus+ees Lay Out Lots, Streets and 

Highways. 191 

Trustees Make Settlements 45 

Trustees Make no Division of Prop- 
erty When 65 

Truant or Parental Schools. .223-224 
Tru-int Officer Appointment of. 211-212 

Truant Officer Duties of 212 

Truant Officer Compensation of.. 212 

Taxation 166-167 

Tax Levy Certificate Void 128-167 

Tax Levy for Building, etc.. Vote 

Required 167 

Tax Levy Certificate How Made 

167-168 

Tax Levy Certificate Return .. ..167 
Tax Exempt From. . . .45, 46, 237, 238 

Tax Levy Not Void 78 

Tax Levy by Board of Education 



139-154 

Tax Levy Vitiated 169-171 

Tax Computed 168 

Tax Levy Return . . 167 

Tax Extended 169 

Tax Property Place of 169 

Tax Levy for Sidewalke, Heating, 

etc.... 167 

Tax Levy Limited 166-167 

Tax Levy Purpose of 167 

Treasurer Custodian of Funds. . . . 

67, 75, 79, 141, 176 

Treasurer Examination of Book, 

etc. 16, 41, 69 

Treasurer Fails to Call HleuLion.. 63 
Treasurer Removal by Trustees, 

etc.. 36-44-197 

Treasurer Make Duplicate Report. . 39 
Treasurer Suit on Bond.... 44, 64, 79 
Treasurer Responsible . .44, 69, 70, 80 

Treasurer Transmit Appeal 57 

Treasurer Give Notice of Election 

for Directors .... 61, 79 

Treasurer Liability if Fails to Per- 
form Duty, 44, 6.3, 77, 79, 178, 179, 197 

Treas. Bond Where Filed. 68 

Treas. Approval of Bond 68 

Treas. Keep Accounts 68-69-71 

Treas. Form of Books. 69 

Treas. Make Loans 70, 71, 76 

Treas. No Relief for 70 

Treas. Prepare Statement 72 

Treas. Make Exhibit 76 

Treas.. Probate Claims 74 

Treas., in Default of Loans, Duty. . 74 

Treas., Not Wait 75 

T'reas. Compensation 37-80 

Treas. Receive and File Returns.. 87 

Treas. Pay Orders 78-128 

Treas Not. to Pay Orders 128 

Treas. Collect from Collector.. .. 78 

Treas. Successor 80 

Treas. Make Sworn Statements to 

Directors 76 

Treas. Indorse Teachers' Orders.. 77 
Trf^aa. Return Tax Levy to County 

Clerk 78-167 

Treas. Examine Books of and Settle 

Wi-h "n'rectors 78 

Treas. Keep Accounts of Pupils 

Transferred 79 

Treas. Publish Financial State- 

m.ent 79 

Treas. Prepare Map of Township. . 79 

Treas. File Poll Books 79 

Treas. Resignation of 80-197 

Treas. of Union District Notify Di- 
rectors 184 

Treas. Not a Judicial Officer 35-87 

Treasurer, State 184 

Tuition Collected How 129 



MANUAL OF THE ILLINOIS SCHOOL LAWS. 



263 



Tuuion Paid by Pupil 161 

ToY.'nship (New) Divided 49-50 

Townsliip Fractional Attached ..187 
Township Civil, Trustee Elected 

When 30 

Trustee High School 46-47 

Township High School Two Town- 
s' -ps 47 

Tor-^ship High School Discontin- 
ued 48 

Trespass on School Property. . .43-186 

Title Corrected How 43 

Title Acquired 43 

Territory All Included 50 

Territory Recently Attached 60 

Territory Annexed to Municipality. .65 

Teacher Loses Right 105 

Teacher Paid Monthly 101 

Teacher May Recover 105 

Teacher May Not Recover 105 

Teacher Dismissal No Rule for 105-106 
Teacher Make Schedule or State- 
ment 101-156 

Teacher Instruct Nonresident Pu- 
pils 105, 106 

Teacher Failing to enforce Rules. .105 

Teacher Enforce Discipline 110 

Teacher Incompetent 105 

Teacher in Kindergarten School 

Hold Certificate 217 | 

Teacher and Parent 108 

Teacher of Special Subjects Hold 

Certificate 149 

Teacher Can Not Expel Pupil 108 

Teacher May Suspend Pupil.. ..108 
Teacher May Not Punish When. . .108 
Teacher Must Have Certificate 

101, 153, 154, 158 

Teacher Draw Interest on Ord^r. . 77 
Teacher Inflicts Unpardonable Pun- 
ishment 113 

Teacher Calling Help 113 

Teacher Ages of 148-151 

Teacher is Master 154 

Teacher Death of 161 

Teacher Examination Fee 155 

Teacher of Music, Drawing, etc. . . .161 

Teacher Use Judgment 116-119 

Teacher and Pupils 122 

Teacher Exceeds Authority 120 

Teacher Not Required 122 

Teacher Attend Institute 155 

Teacher Care for Property. .. .156-161 

Teacher Keep Register 156-161 

Teacher May Close School 160-163 

Teacher Making Up Lost Time ..163 
Teacher Leaves School Without 
Permission 158 



; Teacher Recover Damages. . .123-153 
' Teacher Entitled to Pay When 

123-158-162 

Teacher's Contract 

106, 122, 124, 138, 160 

Teacher's Wages 157,-160-162-163 

Teacher's Pension Fund 217 

Teachers for Deaf Pupils, How Ap- 
pointed 222 

TulLIon of Deaf Pupils 222 

Tuition of Children in Poor House 180 

Union District Dissolved 63-64 

Union District Vacancy in 88 

Union District Return of Poll 

Books 89 

Union District Funds 170 

Union District Treasurer Notify 

Directors 184 

Vote By Ballot 89-237 

Vote Required to Enlarge House.. 174 

Vote of No Force 87-122 

Vote on Township High School.. 48 
Vote for Trustees Canvassed.. .. 34 
Vote Required to Build, etc, etc, 

126, 139, 146 

Voter Living in Territory, Not in 

School Township 27 

Voter Living in Special District. .205 

Voter Qualification of.... 29-30-60 

Voter Residence of 31-32 

Voter in New District, etc . . .... 60 

Voter in Territory Recently At- 
tached .... 60 

Vacancy in Office of Trustee. .. .33-87 
Vacancy in Office of Director.... 

59, 85, 87, 88 

Vacancy in Board of Education. . .147 
Vacancy, Duty to Fill by Special 

Election 87 

Vaccination of Pupils 95 

Warrants Auditor* 181 

Warrants Audi'ors Not Negotia- 
ble 182 

Women Right to Vote 27-210 

Wo::icn Not to Vote 51-211 

Women Not Sign Petition 51-211 

Women Elisible lo School Office.. 201 

"Wliy Maintain Schools 234 

V\^aa:es of Teacher Computed. .162-163 
Wsrrrnts. Failure of County Col- 
lector to Pay 182 



'Yeas" and "Nays" Entered. 



.141 



^^^ti 



ivM-ar C'f WifXt 



